Guilford County NcArchives Court.....Johnson - Will, J. Vestal 1921
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 11, 2009, 4:28 pm

Source: North Carolina Reports Spring Term
Written: 1921

In re Will of J. Vestal Johnson

(Filed 27 April, 1921)

Wills-Holograph Wills-Unmailed Letters-Intent to Make a Will

A letter written and signed by the supposed testator must, to constitute his 
last will and testament, show that it was his intention that the paper itself 
should operate as a disposition of his property, to take effect after his 
death; and when the letter propounded is found stamped and addressed in the 
pocket of the deceased after his death, etc., and refers to a conversation 
with the addressee as to the making of his will, saying he wanted the 
addressee to write it and the deceased would pay for it; and after saying how 
the estate was to be disposed of, that the writer would "be up town as soon as 
he got able," expresses merely an anticipated testamentary intent, and as a 
matter of law is not operative as a valid will.

Appeal by propounders from Ray, J., at November Term, 1921, of Guilford.

This is a proceeding for the production and probate of a certain paper-writing 
as the will of J. Vestal Johnson.

At the hearing his Honor found the following facts, to which all parties 
agreed:

"1. That J. Vestal Johnson died in the county of Guilford, State of North 
Carolina, after an illness of one week, on June 17, 1918, possessed of real 
and personal property.

"2. At the time of his death, and some time prior thereto, he had been renting 
part of his dwelling to the husband of Mrs. Bettie Brinttle, and the Brinttle 
family was living in said dwelling-house, the deceased reserving a room for 
his own occupation.

"3. That some few days after his death Mrs. Bettie Brinttle, while engaged in 
cleaning up the room formerly occupied by the deceased, found a pasteboard box 
such as is usually used by clothing merchants in which to deliver clothes when 
sold to customers. That this pasteboard box was in his room, and he usually 
kept his suits of clothes therein and same was usually kept in his trunk, and 
he kept his valuable papers in his trunk. That the said Mrs. Brinttle took his 
clothes out to air, and from the pocket of one of his coats which he had been 
wearing there fell a stamped envelope sealed and addressed to 'Mr. Joe 
Sechrest, High Point, NC.'

"4. That said envelope with its contents was sent by Mrs. Brinttle to the said 
Sechrest and opened by the said Sechrest and found by him to contain a letter 
as follows:

High Point, NC, 10 June, 1918
Dear Joe: You knew that we was talking about my will. I want you to write my 
will for me, and also I want you to bury me in a steel-gray casket and a steel-
gray case, which can be locked so water can't get to me, and want you to put 
nice tombs to my grave. You pay $200 for the tombs. And I want to give little 
Juanita Franklin $100 and little Pauline Lambeth $100; and I want to give Mrs. 
Brinttle my home house and lot, and the rest of my property to be equally 
divided among my people. Joe, you please do this favor for me, and I will pay 
you what you charge for your trouble. I will be up town as soon as I get able. 
I don't feed good today. I will close. Joe, you copy this with ink for me. As 
ever,
Your friend,
J. Veatal Johnson

"5. That said paper-writing was not delivered by the decedent to the said 
Sechrest, to whom it was directed, nor delivered by him to any one, but that 
it was kept by him from its date, to wit, 10 June, 1918, until his death on 17 
June, 1918, and was not out of his possession, although it was sealed and 
stamped."

All of said paper was in the handwriting of the said Johnson.

His Honor held that said paper was not a will and entered judgment 
accordingly, and the propounders excepted and appealed.

E.D. Steele and King, Sapp & King for respondents
L.B. Williams and C.C. Barnhardt for propounder

[NC Supreme Court]
Allen, J. 
Affirmed

[See court case for Judge Allen's findings]

File at: http://files.usgwarchives.net/nc/guilford/court/johnsonw1249wl.txt

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