Watts v. Watts

This is a proceeding to establish, probate, and have recorded as a will a certain instrument of writing, which the reporter will set out in the margin. 1 It is contended by contestants, appellants here, that this instrument is not a will either in form or substance. The chancellor admitted the instrument to probate and record as a will.

It is elementary that the main distinction between a deed and a will is that the former must pass a present interest in the property purported to be conveyed, whereas a will does not take effect until after the death of the testator. We think it is evident that…