Johnson v. Shook

Deen, Presiding Judge.

1. Although it is not absolutely essential to a determination of this case, we agree with the appellees that the document on which appellants rely is not a valid deed. In fact, it appears likely from much of the language therein contained — leaving certain heirs $5.00 apiece, prohibiting the sale of the land, and merely describing it as “my property and everything” — that it was intended as a will rather than a deed. It is true that an instrument may have effect partly as a will and partly as a deed even as to the same property. Code § 113-103. It would not, however, be…