SIGNATURE (UL. signature, from Lat. sig. nare, to sign, from signam, sign, mark, token). In its broadest legal sense, the name of a person, written or printed, or a sign or mark intended to represent his name, and either executed or affixed by the person himself or adopted by him as his own. It became common to sign legal instruments after the Statute of Frauds, 29 Car. IT., e. 3. Previous to that time a person in tending to bind himself by a written instrument usually affixed his seal. In most jurisdictions a printed name may be adopted by a person as his signature, and thereon a stamp making an impression of the name on paper, in either written or printed form, may be employed. Where a person wishing to execute a written instrument is unable to write, it is customary to have some one write his name, and to have him make a cross mark between his Christian name and surname. The person who writes the name usually writes above the mark the word `his,' and below the word 'mark,' and also acts as a witness to identify the mark. Where
the illiterate person is very awkward, the per son who writes the name may also make the mark, while the former touches the pen, but there are decisions to the effect that this is not necessary. In some jurisdictions a person's name written by another may be adopted by the former as his signature, without going through the form of affixing a mark. A signature is usually affixed at the end of an instrument, but it is generally held in the absence of statute that it may be elsewhere if clearly intended as such. The mere recital of a person's name in the body of an instrument will not constitute a signature. Where a statute requires an instru ment to be subscribed, as in case of a will, the signature 'mist be at the end, or the instrument will be a nullity. See SEAL.