In re Lowrance's Will

• Decision Date: 03 December 1930
• Docket Number: 525.
• Citation: 155 S.E. 876,199 N.C. 782
• Parties: In re LOWRANCE'S WILL.
• Court: North Carolina Supreme Court

155 S.E. 876

199 N.C. 782

In re LOWRANCE'S WILL.

No. 525.

Supreme Court of North Carolina

December 3, 1930

Appeal from Superior Court, Iredell County; Shaw, Judge.

Proceedings by Mrs. J. B. Houston for the probate of the last will of Mrs. S. A. Lowrance, deceased, opposed by R. G. Thomas caveator. From a judgment for proponent, caveator appeals.

No error.

This is a proceeding for the probate in solemn form of a paper writing propounded as the last will and testament of Mrs. S A. Lowrance, deceased. The paper writing was probated in common form by the clerk of the superior court of Iredell county, on July 26, 1928. Upon the filing of a caveat by an heir at law of the deceased, the cause was transferred to the civil issue docket of said court for trial of the issue raised by the caveat.

The issue submitted to the jury was answered as follows:

"Is the paper-writing propounded by Mrs. Mame Houston and consisting of two sheets, marked propounder's Exhibits B & C, and every part thereof, the last will and testament of Mrs. S. A. Lowrance, deceased? Answer: Yes, except the words printed on the two sheets."

Thereupon judgment was rendered that the paper writing propounded and every part thereof, except the printed words, "S. A. Lowrance" between the words ""Mrs." and "made," in the first line of Exhibit C, and the printed words ""Mooresville, N.C. -- 192--," in the date line on Exhibit B, is the last will and testament of Mrs. S. A. Lowrance, deceased. It was ordered that said paper writing be and the same was probated and recorded as such last will and testament.

From said judgment, the caveator, R. G. Thomas, appealed to the Supreme Court, assigning errors based on exceptions noted during the trial.

O. S. Thacker, of Kissimmee, Fla., and E. M. Land, of Statesville, for appellant.

A. L. Starr, of Mooresville, and Grier, Grier & Joyner, of Statesville, for appellee.

CONNOR J.

Mrs. S. A. Lowrance died in Mooresville, N. C., on July 7, 1928. She had lived in Mooresville for many years, and at her death was 80 years of age. She had been a widow since 1925, and had no children. After the death of her husband, Mr. and Mrs. J. B. Houston looked after her. Neither Mr. nor Mrs. Houston was related to her by blood or marriage. They lived next door to Mrs. Lowrance, and the evidence tended to show that the relationship between Mrs. Lowrance and Mrs. Houston was close and intimate. Mrs. Lowrance constantly called on Mrs. Houston for companionship, and relied on her almost daily. Mrs. Houston saw Mrs. Lowrance practically every day, and responded to every call made on her by Mrs. Lowrance. During the latter's illness, which had been almost continuous since her husband's death, Mrs. Houston was at all times attentive to her. Mrs. Houston, named therein as "Mame Houston," is the propounder of the paper writing offered in this proceeding for probate as the last will and testament of Mrs. Lowrance.

R. G. Thomas is a nephew of Mrs. S. A. Lowrance, and as such is one of her heirs at law. He resides in the state of Florida, but had been in Mooresville for four or five days preceding the death of Mrs. Lowrance. A few days before her death, he was notified of her illness by Mrs. Houston, and, in response to such notice, came to Mooresville and remained there until the death of Mrs. Lowrance. He is the caveator in this proceeding.

After the death of Mrs. Lowrance, an envelope, on which were written in the handwriting of Mrs. Lowrance the words "My Will," was found in the drawer of a roll-top desk in her house. This desk had been used by Mr. Lowrance, and, after his death, by Mrs. Lowrance. The drawer in which the envelope was found contained valuable papers of Mrs. Lowrance. When the envelope was opened, two sheets of paper were found therein. They were folded together, but were not attached, the one to the other. Both Mrs. Houston and Mr. Thomas were present when the envelope was found, and when it was opened.

The two sheets of paper, with the writing thereon, found in the envelope, were propounded by Mrs. Houston as the last will and testament of Mrs. S. A. Lowrance.

The words appearing on the first sheet of paper, marked "Exhibit C," are as follows:

"Will of Mrs. (S. A. Lowrance) made March 2, 1928. (West Center Avenue).

"Will begin in my room--I want Oni Houston to have my oak suit, and our clock, everything except my little desk. Want Julia Saser to have it, all the pictures she wants."

The words appearing on the second sheet of paper, marked "Exhibit B," are as follows: "(Mooresville, N. C.) 1928 (192--).

"I will leave Mame Houston and her heirs all I have and house on Center Street.

"Mrs. S. A. Lowrance."

The words appearing above in parentheses, to wit, on the first sheet, "S. A. Lowrance" and "West Center Avenue," and on the second sheet, "Mooresville, N C.," and "192--," are printed; all the other words on both sheets are written. The...