Siler v. . Dorsett
Supreme Court of North Carolina
Civil ACTION, tried at May Term, 1890, of ChathaM Superior Court, Womack, J.. presiding. The action is brought to recover possession of the land described in the complaint. On the trial it was admitted that Matthias Siler was the owner of the land in controversy, before and at the time of his death, and that the plaintiff Lucy M. was his only surviving child and heir at law.
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Civil ACTION, tried at May Term, 1890, of ChathaM Superior Court, Womack, J.. presiding. The action is brought to recover possession of the land described in the complaint. On the trial it was admitted that Matthias Siler was the owner of the land in controversy, before and at the time of his death, and that the plaintiff Lucy M. was his only surviving child and heir at law. The identity of the land in controversy with that described in the second item of the last will and testament of said Matthias Siler was also admitted, as well as the identity of the defendants Prank and John Dorsett, as…
1Opinion of the Court
MekrijioN, C. J.:
There can be no doubt that a testator may make a paper-writing, referred to, but not set forth in his will, a part of it. But to do so, such paper must be described and identified with such particularity as to designate and clearly show, and so that the Court can certainly see what paper is meant to be made part of the will. The paper must be written before or contemporaneously with the will, and not one to be written subsequent to the time it was executed. This is so, because the will must certainly express the testator’s intention. And such paper, whether attested or not,…
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