{
  "id": 8658185,
  "name": "IN RE SHEPPARD'S WILL",
  "name_abbreviation": "In re Sheppard's Will",
  "decision_date": "1901-03-12",
  "docket_number": "",
  "first_page": "54",
  "last_page": "57",
  "citations": [
    {
      "type": "official",
      "cite": "128 N.C. 54"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "91 N. C., 26",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8683902
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      "case_paths": [
        "/nc/91/0026-01"
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    {
      "cite": "49 N. C., 494",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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      "case_paths": [
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    {
      "cite": "68 N. C., 170",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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      "opinion_index": 0,
      "case_paths": [
        "/nc/68/0170-01"
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    {
      "cite": "64 N. C., 493",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8683103
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      "opinion_index": 0,
      "case_paths": [
        "/nc/64/0493-01"
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    {
      "cite": "61 N. C., 122",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/61/0122-01"
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    },
    {
      "cite": "21 N. C., 684",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "char_count": 4758,
    "ocr_confidence": 0.448,
    "pagerank": {
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  "last_updated": "2023-07-14T15:44:14.013877+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "IN RE SHEPPARD\u2019S WILL."
    ],
    "opinions": [
      {
        "text": "ClaRK, J.\nThe script in question was found in a book in which the deceased kept valuable memoranda, among other things, accounts and also statements of the amounts of money he had on hand, which corresponded exactly with the amount found and with the several packages of money specifically bequeathed in the will. His money was found in a chest in the adjoining room.\nIt was admitted that the book was found in his bed, under his body, the day he died. The finder placed it on the bureau at the head of the bed; it fell behind it and was found a week later on the floor behind the bureau. The Court charged the jury that this did not constitute a finding \u201camong the valuable papers and effects of the deceased, and hence the script was not the last will and testament of said Thomas J. Sheppard.\u201d The propounders excepted, and this presents the sole question for our determination. We think there was error, and that the evidence should have been submitted to the jury. Simms v. Simms, 21 N. C., 684; Hill v. Bell, 61 N. C., 122; Hughes v. Smith, 64 N. C., 493. In the latter case it is said, \u201cThe requirements of the statute are sufficiently complied with if the script is found among the valuable papers and effects, under such circumstances as to show that the deceased regarded it as a\u2019valuable paper, and desired it to take effect as his will.\u201d Here the script was written in a book containing valuable papers, the memorandum of his moneys, accounts, etc. It had been kept in a box \u00f3n a table in his reach, which contained his deeds and account books, and when that had been moved out three weeks before his death, he had caused this book to be brought back to him and he retained it in his immediate possession, in the bed with him, and it was found under his body at his death. Certainly this was evidence upon which the jury should be allowed to find whether or not he \u201cregarded it as a valuable paper and desired it to take effect as Ms will/\u2019 for tbe only defect suggested is as to tbe place where it was found.\nIn Winstead v. Bowman, 68 N. C., 170, tbe Court criticised, if it does not overrule, tbe narrow rule wbicb bad been laid down in Little v. Lockman, 49 N. C., 494, and says, \u201cTbe pbrase \u2018among tbe valuable papers and effects\u2019 can not necessarily and without exception mean 'among tbe most valuable\u2019 etc. * * * Tbe pbrase can not have a fixed and unvarying meaning to be applied under all circumstances. It can only mean that tbe script must be found among such papers and effects as show that tbe deceased considered it a paper of value, one deliberately made and to be preserved and intended to have effect as a will. This would depend greatly upon tbe condition, and business, and habits of tbe deceased, in respect to keeping valuable papers.\u201d\nA very similar case is Brown v. Eaton, 91 N. C., 26, in wbicb tbe script was written in a book containing accounts due deceased and was found eight months after bis decease in a bureau drawer.\nIn Tennessee, in which the statute is our act of 1784 (now found in our Code, section 2136), it is said in Tate v. Tate, 30 Tenn. (11 Humph.), 466, \u201ctbe intention of tbe statute is that it shall appear to be a will, whose existence and place of deposit were known to tbe testator, and that be bad it in bis care and protection, preserving it as bis will.\u201d In Regan v. Stanly, 79 Tenn. (11 Lea), 316, in a diary was found, imbedded among other entries, a disposition of property, written and signed. This diary was found among bis books of account, and tbe will therein written was admitted to probate.\nTbe script here propounded was written in a book wbicb itself contained valuable papers. Tbe testator\u2019s conduct as to this book, bis calling for it when bis deeds and other books of account, wbicb be bad always kept by him in reach, were moved out of bis room during bis last illness, and bis retention of it in bis immediate custody and possession, were cir\u25a0cumstances which tbe propounders were entitled to bave passed upon by tbe jury, to say tbe least.\nNew trial.",
        "type": "majority",
        "author": "ClaRK, J."
      }
    ],
    "attorneys": [
      "Blcinner, Whedbee, and B. B. Nicholson, for the pro-pounder.",
      "Jarvis & Bloiu, and Gilliam \u00a3 Gilliam, for the caveators."
    ],
    "corrections": "",
    "head_matter": "IN RE SHEPPARD\u2019S WILL.\n(Filed March 12, 1901.)\nWILLS \u2014 Holograph\u2014Evidence\u2014Questions for Jury- \u2014 The Code, Sec. ma.\nPacts in this case held sufficient to submit to the jury on the question whether the paper-writing was found among the \"valuable papers\u201d of the deceased.\nA PAPER purporting to be the last will and testament of Thomas J. Sheppard was propounded for probate by William Shaw as executor. Caveat was entered by J. E. Smith-wick and others; heard by Judge \u00edl. R. Slarbuch and a jury, at December Term, 1900, of Pitt County Superior Court. From a judgment for the caveator, the propounder appealed.\nBlcinner, Whedbee, and B. B. Nicholson, for the pro-pounder.\nJarvis & Bloiu, and Gilliam \u00a3 Gilliam, for the caveators."
  },
  "file_name": "0054-01",
  "first_page_order": 90,
  "last_page_order": 93
}