In re Parsons' Will
| Decision Date | 28 January 1935 |
| Docket Number | 763. |
| Citation | 178 S.E. 78,207 N.C. 584 |
| Parties | In re PARSONS' WILL. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Ashe County; McElroy, Judge.
Caveat by Mary S. Phipps and another to set aside the probate of the last will and testament of Annie Parsons, deceased. Judgment for propounders, and caveators appeal.
Annie Parsons died on April 10, 1933. On July 10, 1933, under N.C Code 1931 (Michie), § 4131 and § 4144, subsec. 2, the purported will was duly probated in common form, by the clerk of the superior court of Ashe county, N. C.
The purported will is as follows:
"In the Name of God Amen. 3rd. I give the Asa Weaver old home place to my neice, Luna Weaver with all the personal property house furnishing provided she takes care of my brother George W. Weaver during his life time.
I hereby appoint Winfield A. Weaver, of Piney Creek, Alleghany County, North Carolina to be Executor of this my last Will and testament hereby revoking all former Wills by me made.
In witness whereof I have herunto subscribed my name and affixed my seal the 14 day of July, in the year of our Lord, 1922. Witnesses: B. C. Waddell, Margaret Rankin-Annie Parsons.
University Hospital, Baltimore, Md. Subscribed by ------- the Testat ---- named in the foregoing Will, in the presence of us and at the time of making such subscription, the above instrument was declared by the said Testat ---- to be ------- last Will and Testament, and each of us, at the request of said Testat ---- and in ------- presence and in the presence of each other, signed our names as witnesses thereto.
---------- Residing ----------
---------- Residing ----------
---------- Residing ----------
Notary Public
(Over)"
On the opposite side appears the following: "I want my sister-in-law, Ettie King, to have J. O. Parsons -------."
A caveat was filed by the sister of Annie Parsons, Mary S Phipps, et al., and citation was duly issued in accordance with law for the heirs at law and next of kin of Annie Parsons. The cause was duly transferred to the superior court on the issue of devisavit vel non.
The following issue was submitted to the jury and their answer thereto:
On the verdict, judgment was rendered for propounders. Caveators made numerous exceptions and assignments of error, and appealed to the Supreme Court.
Ira T. Johnston and Grant Bauguess, both of Jefferson, for appellants.
R. A. Doughton and R. F. Crouse, both of Sparta, for appellees.
The question presented is whether or not the purported will, as set forth in the record, complies with the requirements of law so as to be admitted to probate as a holograph will, under N.C. Code 1931 (Michie), § 4131 and § 4144, subsec. 2. We think so, under the facts and circumstances of the case.
Section 4131 is as follows: "No last will or testament shall be good or sufficient, in law, to convey or give any estate, real or personal, unless such last will shall have been written in the testator's life time, and signed by him, or by some other person in his presence and by his direction, and subscribed in his presence by two witnesses at least, no one of whom shall be interested in the devise or bequest of the estate, except as hereinafter provided; or, unless such last will and testament be found among the valuable papers and effects of any deceased person, or shall have been lodged in the hands of any person for safe-keeping, and the same shall be in the handwriting of such deceased person, with his name subscribed thereto or inserted in some part of such will; and if such handwriting shall be proved by three credible witnesses, who verily believe such will and every part thereof is in the handwriting of the person whose will it appears to be, then such will shall be sufficient to give and convey real and personal estate."
Section 4144, subsec. 2, is as follows: ...
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