Springs v. Springs
Supreme Court of North Carolina
Appeal by plaintiff from Harding, J., May Term, 1921, of Meok-LENBURG. ' This is ah action to remove' a cloud upon title submitted upon the pleadings and agreed statement of facts.
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Appeal by plaintiff from Harding, J., May Term, 1921, of Meok-LENBURG. ' This is ah action to remove' a cloud upon title submitted upon the pleadings and agreed statement of facts. Richard A. Springs, of Charlotte, died in 1879. On 28 June, 1870, he wrote and signed the following paper-writings, which were admitted to probate in Mecklenburg Superior Court on 5 July, 1879, the whole of said writings being in testator’s own handwriting, except the signature of John E. Orr as a witness, to wit: Ohaklotte, N. C., 28 June, 1870. To whom it may concerní: Knowing the uncertainty of life, and wishing…
1Opinion of the CourtClare, C. J.
The defendants , contend that the will and the lower script having been probated in common form, the lower script has been adjudicated to be a part of the will. We do not. deem it essential to discuss this point, for taking it to be true that it has been so adjudicated, we think that the words in the script are simply precatory and not mandatory. It would seem that the appended letter was not intended to operate as a part of the will, but as merely a private letter of recommendation ; but passing that by and taking it to have been proven as a part of the will, still it seems to us that the…
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