In re Watson's Will
| Decision Date | 23 March 1938 |
| Docket Number | 116. |
| Citation | 195 S.E. 772,213 N.C. 309 |
| Parties | In re WATSON'S WILL. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Wilson County; Clauson L. Williams Judge.
Proceeding in the matter of the will of W. J. Watson, deceased, which was propounded by John D. Watson and another, to which a caveat was filed by B. A. Sasser and others. From a judgment establishing the paper writing propounded as the last will and testament of W. J. Watson, deceased, the caveators appeal, assigning error.
No error.
Miley C. Glover and Finch, Rand & Finch, all of Wilson, for appellants.
W. A Lucas and O. P. Dickinson, both of Wilson, for appellees.
The caveators, B. A. Sasser, Mrs. Ava Sasser Moore, Howard Simpson, L. A. Simpson, W. M. Simpson, Mrs. Mattie Simpson Bunn, Mrs. Addie Simpson Boykin, Mrs. Bettie Simpson Hamilton, and Mrs. Bessie Simpson Bunn, are nieces and nephews of W. J. Watson, deceased, being children of his sisters, who predeceased him; the propounders, John D. Watson and James G. Watson, are brothers of the said W. J. Watson deceased; and the caveators and propounders are all of the heirs at law and next of kin of said W. J. Watson, deceased.
W. J Watson died on December 10, 1936, and on January 26, 1937, John D. Watson and James G. Watson filed with the clerk and procured the probate thereof in common form, and the issuance of letters testamentary to them thereon, a paper writing in words and figures as follows:
"North Carolina,
Wilson County.
Know all men by these presents that I, W. J. Watson, being of lawful age and sound mind and memory, do make, publish and declare this instrument to be my will and testament, hereby revoking all former wills.
Whereas, the undersigned, together with his two brothers, John D. Watson and James G. Watson, are the owners as co-partners and tenants in common of equal interest, of all the property-real, personal and mixed-which we have already acquired and will be co-partners and tenants in common of equal interest of all the property-real, personal, and mixed-which we may acquire in unchanged continuance of our operations and in like capacity; and
Whereas, the undersigned and his two said brothers, John D. Watson and James G. Watson, because of the conditions under which this property has been acquired, and is being acquired, have agreed together this day to execute tripartite wills (each executing a separate will of like intent to this), making each other sole devisees and legatees.
Now, in the execution of this mutual agreement, and as his one of the tripartite wills made in pursuance thereof, I, W. J. Watson, on this ------ day of September, 1927, do make and declare this to be my Will and Testament, viz:
Item 1. All of my just debts and funeral expenses shall be at all times fully paid by my executors hereinafter named.
Item 2. I do hereby give, devise and bequeath to my two brothers, John D. Watson and James G. Watson, and to the survivor of either, as hereinafter set out, all and singular my interest, whether sole seized and possessed, or seized and possessed jointly and as tenants in common, in all the lands, tenements, properties, farm equipment, livestock, notes, bonds, moneys, mortgages, bills receivable, accounts, and real and personal property of every description, of which I may die seized and possessed, wheresoever situate and whether acquired at the date hereof or subsequent thereto; but it is expressly declared and provided, and I do declare the same to be my will, and this to be a part of the above bequest and devise, that, if either of my two said brothers shall predecease me, then all the property herein bequeathed and devised shall pass to the survivor absolutely and in fee; and, if both my said brothers shall predecease me, then the agreement, under which the tripartite wills are executed, shall cease and determine, and I shall be at liberty to make such disposition of all the property, howsoever and whensoever acquired, as I shall see fit.
Item 3. I do hereby constitute and appoint my two said brothers, John D. Watson and James G. Watson, my lawful executors, to all intents and purposes, to execute this my last will and testament according to the true intent and meaning of the same, and every part and clause of the same.
In witness whereof, I, the said W. J. Watson, do hereunto set my hand and seal this the 6th day of September, 1927.
W. J. Watson [Seal].
Signed sealed, published and declared by the said W. J. Watson, to be his last will and...
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