Rountree v. . Rountree

On the hearing the matter was properly made to turn on whether the paper writing, which has been probated in common form as the last will and testament of Albert E. Rountree, deceased, is sufficient in character and substance to constitute his will. The trial court ruled in favor of its sufficiency on authority of Wise v. Short, 181 N. C., 320, 107 S. E., 134. With this we agree.

A paper writing which bears upon its face, as the present instrument does, the animus testandi of the maker will be declared his will as a matter of law. In re Will of Rowland, 206 N. C., 456, 174 S. E., 284; In re…