In Re Will of Swaim

Supreme Court of North Carolina
In Re Will of Swaim, 78 S.E. 72 (N.C. 1913)
162 N.C. 213; 1913 N.C. LEXIS 332
AlleN

In Re Will of Swaim

Opinion of the Court

AlleN, J.

We have carefully considered the earnest and learned argument of counsel for the caveators, and recognize the danger of permitting detached papers to be established as one will, but difficulties of administration cannot justify the refusal to exercise jurisdiction, and we find an unbroken line of authority in England and America in support of the doctrine as contended for by the propounders.

In Bond v. Seawell, 3 Bur., 1774, Lord Mansfield said: “If the first sheet was in the room at the time when the latter sheet was executed and attested, there would remain no doubt of its being a good will and a good attestation of the whole will” ; and in Wikoff’s Appeal (15 Pa. St., 597), in which the writing-offered for probate consisted of different pieces of paper, written at different times, the last of which was signed and witnessed, Chief Justice Gibson said: “It is a rudimental principle that a will may be made on distinct papers, as was held in Earl of Essex's case, cited in Lee v. Libb, 1 Show., 69. It is sufficient that they are connected by their internal sense, by coherence or adaptation of parts.”

In Cyc., vol. 40, p. 1093, one author says: “A will need not be written entirely on one sheet of paper, but may be" written on several sheets, provided the sheets are so connected together that they may be identified as -parts of the same will. Connection by the meaning and coherence of the subject-matter is sufficient, as physical attachment by mechanical, chemical, or other means is not required, although it is sufficient when made”; and in 30 A. and E., 580: “It is a rudimentary prin *216 ciple that a will may be made on distinct papers. It'is sufficient- that they are connected by their internal sense, "by coherence or adaptation.”

In the case before us, every requirement of the law has been complied with.

The evidence of "Mr. Gwaltney, whose credibility is not challenged, establishes the fact that the two sheets were written at the same time, that both were read to the testator as his will, and were present at the time of the execution, and the papers themselves bear intrinsic evidence that, while separate, they were tacked together in the mind of. the testator.

On the first page of the first sheet the testator says, “I, M. Swaim, do make this my last, will and testament.” The fourth page of that sheet concludes in the middle of an item of the will and a description of a tract of land, which is concluded on the first -page of the second sheet, and both sheets are in the handwriting of the same person.

We find

No error.

Reference

Full Case Name
In Re Will of M. Swaim.
Cited By
10 cases
Status
Published