Williams v. Noland

RAINEY, Associate Justice.

In October, 1891, Mrs. C. W. Willis, then a widow Williams, with two minor children, executed an instrument in writing, as follows: “When I die, I wish Dr. Noland and Jennie to raise my children.” This instrument was placed in the hands of Miss Penn for safe keeping. After the execution of said instrument Mrs. Willis married, and lived with her husband until her death, in December, 1892. In August, 1892, said instrument was lost by Miss Penn, and up to the date of the trial had not been found. After the death of Mrs. Willis, to wit, February 20, 1893, appellees filed…