In re Will of Parsons

7 Citing cases

  1. In re Estate of Teubert

    171 W. Va. 226 (W. Va. 1982)   Cited 23 times
    Noting that "the law favors testacy over intestacy" and that extrinsic evidence "is admissible to prove the testator's intent"

    "When all the words appearing on a paper in the handwriting of the deceased person are sufficient . . . to constitute a last will and testament, the mere fact that other words appear thereon, not in such handwriting, but not essential to the meaning of the words in such handwriting, cannot be held to defeat the intention of the deceased, otherwise clearly expressed, that such paperwriting is and shall be his last will and testament. . . . The words in print appearing on the sheets of paper propounded in the instant case, are surplusage."See also Pounds v. Litaker, 235 N.C. 746, 747-48, 71 S.E.2d 39, 40 (1952); In Re Will of Parsons, 207 N.C. 584, 587, 178 S.E. 78, 80 (1935). The Virginia Supreme Court has interpreted its holographic will statute, which also requires that such a will be "wholly in the handwriting of the testator," and has determined that the law is satisfied if the handwritten part, without the nonhandwritten part, is "complete and entire in itself."

  2. Pounds v. Litaker

    71 S.E.2d 39 (N.C. 1952)   Cited 4 times

    It is likewise held in the above case that where the "words appearing on a paper writing in the handwriting of the deceased person are sufficient, as in the instant case, to constitute a last will and testament, the mere fact that other words appear thereon, not in such handwriting, but not essential to the meaning of the words in such handwriting, cannot be held to defeat the intention of the deceased, otherwise clearly expressed, that such paper writing is and shall be his last will and testament. . . . The words in print appearing on the sheets of paper propounded in the instant case are surplusage. They are not essential to the meaning of the words shown by three credible witnesses to be in the handwriting of Mrs. S. A. Lowrance. These words, without the printed words, are sufficient to constitute a testamentary disposition of property, both real and personal." In re Will of Parsons, 207 N.C. 584, 178 S.E. 78; In re Will of Smith, 218 N.C. 161, 10 S.E.2d 676; In re Will of Wallace, 227 N.C. 459, 42 S.E.2d 520; In re Will of Goodman, 229 N.C. 444, 50 S.E.2d 34. An instrument, however, may not be probated as a holographic will where it contains words not in the handwriting of the testator if such words are essential to give meaning to the written words of the testator.

  3. In re Will Goodman

    229 N.C. 444 (N.C. 1948)   Cited 8 times   2 Legal Analyses
    In Goodman, the testatrix added and signed the following handwritten words to her typewritten will: "To my nephew Burns Elkins 50 dollars"... "Mrs.

    While the derivative and applied meaning of the word holograph indicates an instrument entirely written in the handwriting of the maker, this would not necessarily prevent the probate of a will where other words appear thereon not in such handwriting but not essential to the meaning of the words in such handwriting. In re Will of Wallace, 227 N.C. 459, 42 S.E., (2) 520; In re Will of Parsons, 207 N.C. 584, 178 S.E. 78; In re Will of Lowrance, 199 N.C. 782, 155 S.E. 876; Hill v. Bell, 61 N.C. 122, 61, A.L.R. 398. But where words not in the handwriting of the testator are essential to give meaning to the words used, the instrument will not be upheld as a holograph will. In re Smith, 218 N.C. 161, 10 S.E., (2) 676.

  4. In re Will of Smith

    218 N.C. 161 (N.C. 1940)   Cited 12 times

    In re Perry, 193 N.C. 397, 137 S.E. 145; In re Will of Johnson, 181 N.C. 303, 106 S.E. 841; Spencer v. Spencer, 163 N.C. 83, 79 S.E. 291; Alston v. Davis, 118 N.C. 202, 24 S.E. 15. Words not in the handwriting of the testator are essential to give meaning to the words used. In re Will of Parsons, 207 N.C. 584, 178 S.E. 78; In re Will of Lowrance, 199 N.C. 782, 155 S.E. 876. The construction of the will dated 10 October, 1921, which was properly admitted to probate, is not involved in this appeal, and we express no opinion as to the legal effect of the language in which its provisions are expressed.

  5. Ins. Co. v. Grady

    117 S.E. 289 (N.C. 1923)   Cited 33 times

    Affirmed. Cited: McCain v. Ins. Co., 190 N.C. 553; Short v. Ins. Co., 194 N.C. 650; Marsh v. Ins. Co., 199 N.C. 341; Laughinghouse v. Ins. Co, 200 N.C. 436; Colson v. Assurance Co., 207 N.C. 584; Belks Dept. Store v. Ins. Co., 208 N.C. 277; Williams v. Ins. Co., 209 N.C. 770; Butler v. Ins. Co., 213 N.C. 386; Cab Co. v. Casualty Co., 219 N.C. 798; Thomas-Yelverton Co. v. Ins. Co., 238 N.C. 281; Faircloth v. Ins. Co., 253 N.C. 528; Greitzer v. Eastham, 254 N.C. 756; King v. Ins. Co., 258 N.C. 436.

  6. In re Will of Allen

    559 S.E.2d 556 (N.C. Ct. App. 2002)   Cited 2 times

    When all the words appearing on a paper in the handwriting of the deceased person are sufficient, as in the instant case, to constitute a last will and testament, the mere fact that other words appear thereon, not in such handwriting, but not essential to the meaning of the words in such handwriting, cannot be held to defeat the intention of the deceased, otherwise clearly expressed, that such paper writing is and shall be his last will and testament.In Re Will of Parson, 207 N.C. 584, 587, 178 S.E. 78, 80 (1935), (quoting In Re Will of Lowrance, 199 N.C. 782, 785, 155 S.E. 876, 878 (1930)). Thus, in North Carolina, if the words written by the testator are sufficient to constitute a valid holographic will, then the will is not invalidated by the presence of other words that are not in his handwriting.

  7. In re Will of Ferree

    369 N.J. Super. 136 (Ch. Div. 2003)   Cited 2 times

    The court rejected the argument that the document could not be admitted to probate, concluding that the printed information was not material to the testamentary provisions of the document. Accord In re Schuh's Estate, 17 Ariz.App. 172, 496 P.2d 598 (1972) (handwritten material on stationery containing the following pre-printed material: "Bring's Funeral Home" and "My last will and testament"); In re Parsons' Will, 207 N.C. 584, 178 S.E. 78 (1935) (handwritten material on paper with the words "In the name of God, Amen" pre-printed at the top). The same result was reached in cases where testators wrote their wills on stationery bearing their own or their business's names and addresses.