Pounds v. Litaker, 751

• Citation: 235 N.C. 746,71 S.E.2d 39
• Decision Date: 11 June 1952
• Docket Number: No. 751,751
• Parties: POUNDS et al. v. LITAKER et al.
• Court: United States State Supreme Court of North Carolina

Page 39

71 S.E.2d 39

235 N.C. 746

POUNDS et al. v. LITAKER et al.

No. 751

Supreme Court of North Carolina.

June 11, 1952

Ratcliff, Vaughn, Hudson, Ferrell & Carter and Womble, Carlyle, Martin & Sandridge, Winston Salem, for propounders, appellants.

E. T. Bost, Jr., H. W. Calloway, Jr., Concord, for caveators, appellees.

DENNY, Justice.

This appeal involves the question whether or not the engraved monogram of Mrs. Efird, which appears on the paper writing under consideration, may be construed to be her signature. If such monogram is insufficient as a signature within the meaning of the statute with respect to the execution of holographic wills, then it will be unnecessary to consider the other exceptions presented and argued.

It is provided by statute G.S. § 31-18 that wills must be admitted to probate only in the manner prescribed therein. Subsection 2 of this statute, among other things, provides, 'In case of a holograph will, on the oath of at least three credible witnesses, who state that they verily believe such will and every part thereof is in the handwriting of the person whose will it purports to be, and whose name must be subscribed thereto, or inserted in some part thereof.'

It is not required by our statute that a holographic will be dated or the place of its execution be stated therein. In re Will of Lowrance, 199 N.C. 782, 155 S.E. 876.

It is likewise held in the above case that where the 'words appearing on a paper writing in the handwriting of the deceased person are sufficient, as in the instant case, to constitute a last will and testament, the mere fact that other words appear thereon, not in such handwriting, but not essential to the meaning of the words in such handwriting, cannot be held to defeat the intention of the deceased, otherwise clearly expressed, that such paper writing is and shall be his last will and testament. * * * The words in print appearing on the sheets of paper propounded in the instant case are surplusage. They are not essential to the meaning of the words shown by three credible witnesses to be in the handwriting of Mrs. S. A. Lowrance. These words, without the printed words, are sufficient to constitute a testamentary disposition of property, both real and personal.' In re Will of Parsons, 207 N.C. 584, 178 S.E. 78; In re Will of Smith, 218 N.C. 161, 10 S.E.2d 676; In re Will of Wallace, 227 N.C. 459, 42 S.E.2d 520; In re Will of Goodman, 229 N.C. 444, 50 S.E.2d 34.

An instrument, however, may not be probated as a holographic will where it contains words not in the handwriting of the testator if such words are...