{
  "id": 8615341,
  "name": "In re WILL OF J. C. STEWART",
  "name_abbreviation": "In re Will of Stewart",
  "decision_date": "1930-04-09",
  "docket_number": "",
  "first_page": "577",
  "last_page": "578",
  "citations": [
    {
      "type": "official",
      "cite": "198 N.C. 577"
    }
  ],
  "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": "125 S. E., 531",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "188 N. C., 702",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8654791
      ],
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      "case_paths": [
        "/nc/188/0702-01"
      ]
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    {
      "cite": "145 S. E., 689",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "196 N. C., 373",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8626971
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/196/0373-01"
      ]
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    {
      "cite": "148 S. E., 469",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "197 N. C., 332",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8628771
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/197/0332-01"
      ]
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  ],
  "analysis": {
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  "last_updated": "2023-07-14T19:53:28.956258+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In re WILL OF J. C. STEWART."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nOn the trial, the controversy narrowed itself to the single question as to whether the paper-writing, propounded as a holograph will, was found among the valuable papers and effects of the deceased. C. S., 4144. He kept it with his private papers in a locked drawer of his office desk, where it was found among other papers and effects, bank books, check books, etc., in an envelope on the back of which appeared in the handwriting of the deceased: \u201cLast Will of J. C. Stewart as made in 1926.\u201d The evidence further discloses that the testator regarded the paper-writing as a valuable one; he wrote it and preserved it as a will, having been advised by counsel that such an instrument found among his valuable papers and effects would operate as a valid testamentary disposition of his property.\nThe evidence is sufficient to warrant the jury\u2019s finding, and we have discovered no error in the trial. In re Will of Shemwell, 197 N. C., 332, 148 S. E., 469; In re Will of Groce, 196 N. C., 373, 145 S. E., 689; In re Westfeldt, 188 N. C., 702, 125 S. E., 531. The verdict and judgment, therefore, will be upheld.\nNo error.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "B. B. Stewart and L. V. Scott for caveators.",
      "Manly, Hendren & Womble and Hastings & Booe for propounders."
    ],
    "corrections": "",
    "head_matter": "In re WILL OF J. C. STEWART.\n(Filed 9 April, 1930.)\nWills C d \u2014 Evidence that holographic will was found among valuable papers held sufficient.\nEvidence that a paper-writing propounded as a holographic will was found after the testator\u2019s death in a locked drawer in his desk among other \u25a0papers and effects, bank books, check books, etc., in an envelope on the back of which, in the testator\u2019s handwriting, it was designated as his last will and testament, with evidence that the testator had been advised that it would operate as his will if found among his valuable papers and that the testator regarded the papers among which it was found as valuable: Held, the evidence that the paper-writing was found among the testator\u2019s valuable papers was sufficient to sustain a verdict in the propounders\u2019 favor upon the issue of devisavit vel non. O. S., 4144.\nAppeal by caveators from McElroy, J., at September Term, 1929, of Forsyth.\nApplication for letters of administration to settle the estate of J. C. Stewart, deceased; paper-writing offered for probate and propounded as his last will and testament; issue of detdsavit vel non raised by a caveat filed thereto, tried in the Superior Court of Forsyth County, which resulted in a verdict and judgment establishing the paper-writing propounded as the last will and testament of the deceased.\nCaveators appeal, assigning errors.\nB. B. Stewart and L. V. Scott for caveators.\nManly, Hendren & Womble and Hastings & Booe for propounders."
  },
  "file_name": "0577-01",
  "first_page_order": 647,
  "last_page_order": 648
}