In Re Will of Ledford
Supreme Court of North Carolina
Appeal by caveator from Long, J., at tbe September Term, 1918, of EowaN. This is a caveat to a paper-writing offered for probate as tbe will of J. N. Ledford upon tbe ground of mental incapacity on tbe part of tbe said Ledford, and tbat tbe paper-writing offered for probate is a letter and not a will. Tbe issue of mental incapacity was found in favor of tbe propounders, and there is no exception thereto. The paper-writing offered for probate is as follows: Me.
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Appeal by caveator from Long, J., at tbe September Term, 1918, of EowaN. This is a caveat to a paper-writing offered for probate as tbe will of J. N. Ledford upon tbe ground of mental incapacity on tbe part of tbe said Ledford, and tbat tbe paper-writing offered for probate is a letter and not a will. Tbe issue of mental incapacity was found in favor of tbe propounders, and there is no exception thereto. The paper-writing offered for probate is as follows: Me. J. B. Ivey, ' 3/9/18. Charlotte, N. C. Deae Sie: — Please administer on my estate, and I want my wife (Ella Gnatt Ledford) to have…
1Opinion of the CourtAlleN, J.
No particular form is required for the disposition of property by will, and “the distinguishing feature of all testamentary instruments, whatever their form, is that the paper-writing must appear to be written animo testandi.” Spencer v. Spencer, 163 N. C., 88.
Tested by this principle, we have- no doubt as to the correctness of the ruling holding the paper-writing offered for probate to be in form a will. The paper was written by the maker two days before his death, and evidently in contemplation of death. It enumerates all of his property and contains a statement of his indebtedness; it…
2Cases cited1 opinion
- Spencer v. . SpencerSupreme Court of North Carolina · 1913
3Cited by11 opinions
- In Re BennettSupreme Court of North Carolina · 1920
- In Re the Will of MucciSupreme Court of North Carolina · 1975
- Wise v. . ShortSupreme Court of North Carolina · 1921
- Wells v. LewisCourt of Appeals of Kentucky · 1921
- In Re Will of SeymourSupreme Court of North Carolina · 1922
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