Definition
"Close thereof" is a term of art appearing in testamentary statutes that require a testator's signature to be placed at the "end or close" of a will. It designates the physical or logical conclusion of the testamentary instrument — the point at which the document's substantive content ends and beyond which no dispositive language follows. The phrase answers a specific formal question: where, on the face of the document, must the testator's signature appear to satisfy the subscription requirement?
The term does not require mathematical precision. Courts have interpreted "close thereof" to mean the functional end of the will's operative provisions, not necessarily the last line of ink on the page. A signature placed before a date or attestation clause, but after all dispositive language, has been held to satisfy the requirement.
Common Confusion
"Close thereof" is occasionally confused with the general subscription requirement — the rule that a will must be signed, as opposed to where it must be signed. These are distinct inquiries. Subscription addresses the act of signing; "close thereof" addresses placement. A will may be subscribed (signed) but still fail formal validity if the signature appears at the top or in the margin rather than at the close. Conversely, a signature at the close satisfies placement requirements even if other formalities remain at issue.
The phrase should also be distinguished from "end thereof," which appears in some statutes and has generated its own body of interpretation. Some courts treat "end" and "close" as synonymous; others have read "end" more strictly, requiring the signature to follow all written matter on the page. Researchers should not assume equivalence across jurisdictions or time periods.
Why It Matters in Research
This term appears almost exclusively in the context of statutory will formalities and is primarily a creature of nineteenth- and early twentieth-century probate litigation. Researchers working with historical wills cases must understand that "close thereof" was a live interpretive battleground — courts in different states reached different conclusions about whether a signature above the date, before the attestation clause, or in an unusual position on the page satisfied the statutory requirement.
The key research trap is assuming modern flexible standards apply to historical documents. Many early statutes were interpreted strictly, and a will could be denied probate on signature-placement grounds alone. When tracing a will dispute in historical records, always identify the exact statutory language in force at the time of execution, not merely at the time of probate.
The Bouvier's source citation (79 Ky. 607) reflects Kentucky's position that a signature preceding the date still satisfies "close thereof" — a moderately permissive reading. This was not universal. Researchers examining New York or English sources from the same era may find stricter interpretations under statutes derived from the Wills Act 1837, which used "foot or end" language and generated extensive litigation over signatures appearing above attestation clauses.
This term does not appear in modern statutory codifications by name. Contemporary wills acts in most U.S. jurisdictions have either abandoned strict placement requirements, adopted the Uniform Probate Code's substantial compliance or harmless error standards, or simply require signature without specifying location. "Close thereof" language is therefore a marker of historical statutory drafting and signals that a source predates twentieth-century liberalization of will formalities.
Historical Dictionary Support
Bouvier's is the primary historical dictionary source for this term, and its treatment is narrow but accurate. Bouvier defines the phrase functionally — a signature at the close is satisfied even when it precedes the date — and roots the definition in Kentucky case law. This is consistent with the broader interpretive trend in American courts toward reading "close" as the end of substantive content rather than the last physical mark on the page.
What Bouvier does not address: the divergence between American and English interpretation of analogous language, the question of what happens when a testator signs in the middle of a partially completed will, or the separate problem of additions made after the signature (which most courts treat as outside the close and therefore unattested). Researchers should not rely on Bouvier alone for jurisdictions following English chancery precedent.
No other standard historical legal dictionaries (Black's early editions, Wharton's) treat "close thereof" as a standalone entry, suggesting the phrase was understood as a term of statutory construction rather than an independent legal concept requiring general definition.
Jurisdictional Note
The phrase "close thereof" is tied to specific statutory language and has no uniform meaning across jurisdictions. Its interpretation varied considerably based on whether a state's wills act derived from English models, local codification, or early American statutory reform. Researchers should identify the governing statute's exact text before applying any case law interpreting "close thereof" in another jurisdiction.
Encyclopedia Cross-Reference
The Law Mind Real Estate Transactions & Construction Encyclopedia: The Closing Process — Settlement Procedures, Closing Agents, and Escrow (realestate_37) — Note: this entry addresses real estate closings, a distinct use of "closing" unrelated to will formalities. Do not conflate.