Chambers v. . Byers

The question involved: Should the plaintiff’s motion to nonsuit the defendant Lucy Bowers Knight and the judgment entered thereupon be overruled? We think so.

The decision of this controversy depends upon the construction of Exhibit “A,” supra. It will be noted that the paper writing says: “Article of Agreement between Charles Madison Bowers of the (1st) first part and John and Laura Isabelle Tucker of the (2nd) second part.” This indicates that there was no intention that the paper writing be a will. N. C. Code, 1935 (Michie), section 4131.

The agreement was not intended as an “Adoption of…