Ragland v. Kelner

NORVELL, Justice.

We are of the opinion that appellant’s motion for rehearing in this cause should be and it accordingly is overruled, for the reason that the evidence supports the trial judge’s conclusion of law that “when Mrs. Bess Kelner delivered the deed in question to Mrs. Mahurin, with instructions to deliver the deed to Grantee, W. A. Chenoweth, ‘If anything happens to me,’ the deed became an instrument testamentary in character.”

The disposition of this appeal is determined by the conclusion above stated and we accordingly withdraw our original opinion affirming the judgment of the…