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Legal Definitions - X.
Definition of X.
In a legal context, "X" primarily refers to a mark used as a signature by an individual who is unable to write their full name. This inability might stem from illiteracy, a physical disability, or other circumstances that prevent them from forming legible letters. For such a mark to be legally valid as a signature, it typically requires the presence of witnesses who can attest that the person intended the mark to serve as their signature. If the document needs to be notarized, a notary public, along with the required witnesses, would confirm the identity of the signer and the authenticity of their intent.
Examples:
- Example 1: Executing a Will
An elderly individual, Mr. Henderson, wishes to finalize his last will and testament. Due to a severe tremor in his hands, he is physically unable to write his full signature. Instead, with his attorney present and two disinterested witnesses, he makes a clear "X" mark on the signature line of the will. The witnesses then sign the document, attesting that they saw Mr. Henderson make the mark and that he declared it to be his signature. This "X" mark, properly witnessed, serves as his legally binding signature on the will.
- How it illustrates the term: This scenario demonstrates "X" being used as a valid signature by someone with a physical disability, ensuring their legal intent for the will is recognized despite their inability to write their name. The presence of witnesses is crucial for its legal acceptance.
- Example 2: Signing a Property Deed
Ms. Rodriguez, who never learned to read or write, is selling a piece of inherited land. To transfer ownership, she needs to sign the property deed. At the closing, with her lawyer explaining the document's contents, Ms. Rodriguez places an "X" on the signature line. A notary public then verifies her identity, and two witnesses sign the deed, confirming they observed Ms. Rodriguez make her mark and understood her intention to sign the document. This "X" mark, properly witnessed and notarized, legally binds her to the property transfer.
- How it illustrates the term: Here, "X" functions as a legally recognized signature for an illiterate individual. The additional requirement of a notary public, alongside witnesses, highlights the formal steps often needed to validate such a signature for significant legal documents like property deeds.
- Example 3: Authorizing Medical Treatment
During an emergency, a patient, Mr. Chen, is brought to the hospital needing immediate surgery. He is conscious but has suffered an injury that prevents him from holding a pen to write his name. To provide consent for the procedure, a nurse presents a consent form. Mr. Chen, with two hospital staff members witnessing, makes an "X" mark on the signature line, indicating his agreement. The witnesses then sign, confirming his intent. This "X" mark serves as his legal authorization for the medical team to proceed.
- How it illustrates the term: This example shows "X" being used as a signature in a time-sensitive medical context where a physical limitation prevents a standard signature. The witnesses ensure the mark reflects the patient's informed consent.
Additional Meanings (Abbreviations):
In financial contexts, "X" is also commonly used as an abbreviation for several terms, including:
- EX DIVIDEND (XD): Indicates that a stock is trading without the right to receive a recently declared dividend.
- EX RIGHTS: Signifies that a stock is trading without the right to participate in a new share offering.
- EX DISTRIBUTION (XDIS): Means a security is trading without the right to a specific distribution, such as a capital return.
- EX WARRANTS: Denotes that a stock is trading without the right to purchase additional shares at a specified price (warrants).
Simple Definition
In a legal context, "X" refers to a mark used as a signature by an individual who is physically unable to write their name or is illiterate. For this mark to be legally recognized and notarized, it typically requires the presence of two signing witnesses in addition to the notary public.