In Re Will of Johnson
Supreme Court of North Carolina
Appeal by propounders from Bay, J., at November Term, 1921, of Guileoed. This is a proceeding for the production and probate of a certain paper-writing as the will of J. Vestal Johnson. At tbe bearing bis Honor found tbe following facts, to wbicb all parties agreed: “1. Tbat J. Yestal Johnson died in tbe county of Guilford, State of North Carolina, after an illness of one week, on June 17, 1918, possessed of real and personal property.
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Appeal by propounders from Bay, J., at November Term, 1921, of Guileoed. This is a proceeding for the production and probate of a certain paper-writing as the will of J. Vestal Johnson. At tbe bearing bis Honor found tbe following facts, to wbicb all parties agreed: “1. Tbat J. Yestal Johnson died in tbe county of Guilford, State of North Carolina, after an illness of one week, on June 17, 1918, possessed of real and personal property. “2. At tbe time of bis death, and some time prior thereto, be bad been renting part of bis dwelling to tbe husband of Mrs. Bettie Brinttle, and tbe Brinttle…
1Opinion of the Court
ÁlleN, <7.
No particular form is required for the disposition of property by will, and in the application of this principle it has been held frequently that letters were valid as wills when properly executed. In re Ledford, 176 N. C., 612.
It must, however, appear that the paper-writing offered for probate, whatever its form, was written animo testendi, by which is meant, not that the maker intended thereafter to make a will on the terms of the paper, but that it was his intention that the paper itself should operate as a disposition of his property, to take effect after his death.
In the…
2Cited by15 opinions
- Nelson v. NelsonCourt of Appeals of Kentucky (pre-1976) · 1930
- In Re Will of SmithSupreme Court of North Carolina · 1940
- In Re Will of RowlandSupreme Court of North Carolina · 1932
- In Re the Will of MucciSupreme Court of North Carolina · 1975
- Goss v. StaplesMontana Supreme Court · 1953
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