Redhead v. Redhead
Redhead v. Redhead
Opinion of the Court
delivered the opinion of the court.
The will of John A. Redhead begins thus: “Realizing the uncertainty of life at all times, and the dangers incident to travel, I leave this as a memoranda of my wishes should anything happen to me during my intended trip to Buffalo and other places.”' It then makes elaborate disposition of his estate, appoints administrators, and concludes thus: “This is a memoranda of my wishes, and I hope it will be agreeable to all parties concerned,, and they will respect them.” It is dated August 24, 1901. lie took his contemplated trip, got back home in October, 1901> and died there March 4, 1902, without other or further disposition of his property. The chancellor below, on an issue devisavit vel non, admitted this paper as a valid will. We unhesitatingly decide as he did. The dangers incident to his contemplated journey, together with “the uncertainties of life at all times,” were the occasion of his execution of this instru
Affirmed.
Reference
- Full Case Name
- Lalla Redhead v. Joseph Redhead
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Wills. Recitals of voyage. Occasion of execution. . If it appear from tlie face of a writing, testamentary in its character, that a contemplated voyage, and the dangers incident thereto, were merely the occasion of its execution, and that the testator’s death while on the voyage was not made a condition upon which its validity depended, it will he operative and may he probated after the testator’s return and subsequent death.