{
  "id": 8624663,
  "name": "In re Petition of MRS. J. THOMAS LEONARD for Appointment as Executrix Under the Will of FLORENCE SICELOFF LEONARD",
  "name_abbreviation": "In re Leonard",
  "decision_date": "1940-12-20",
  "docket_number": "",
  "first_page": "738",
  "last_page": "740",
  "citations": [
    {
      "type": "official",
      "cite": "218 N.C. 738"
    }
  ],
  "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": [],
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  "last_updated": "2023-07-14T19:22:12.547739+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "In re Petition of MRS. J. THOMAS LEONARD for Appointment as Executrix Under the Will of FLORENCE SICELOFF LEONARD."
    ],
    "opinions": [
      {
        "text": "ScheNCK, J.\nTbe sole question presented on tbis appeal is: \u201cDoes tbe will of tbe late Florence Siceloff Leonard name an executrix?\u201d We are constrained to answer in tbe negative.\nTbe only mention made of Mrs. J. Tbomas Leonard is in tbe second page of tbe holograph will labeled \u201cAll I have is tbis.\u201d Tbe mention of tbe name of the petitioner, we think, is made simply to designate or locate certain property of tbe testatrix which tbe petitioner bad in charge or in her possession. We do not see in these words any commitment of tbe execution of her will to Mrs. J. Tbomas Leonard or any designation of her as tbe person whom tbe testatrix desired to administer her estate. An executor is \u201cOne to whom another man commits by bis last will tbe execution of tbat will and testament.\u201d 2 Bl. Comm., 503.\nWhile it is our duty to interpret tbe will from its four corners, and to carry out tbe intent of tbe testatrix as gathered therefrom, we are not permitted to write into tbe will tbat which the testatrix failed so to do.\nTbe judgment of tbe Superior Court is\nReversed.",
        "type": "majority",
        "author": "ScheNCK, J."
      }
    ],
    "attorneys": [
      "Don A. Walser and Paul B. Paper for petitioner, appellee.",
      "P. V. Gritcher and W. F. Brinkley for respondents, appellants."
    ],
    "corrections": "",
    "head_matter": "In re Petition of MRS. J. THOMAS LEONARD for Appointment as Executrix Under the Will of FLORENCE SICELOFF LEONARD.\n(Filed 20 December, 1940.)\n1. Executors and Administrators \u00a7 1\u2014\nOn tbe first page of tbe holographic will in question, testatrix made testamentary disposition of her property, and on the second page, labeled \u201call I have is this,\u201d she listed her property and those having same in their possession, and included in the body of the list the words \u201cMrs. J. Thom Leonard have this in charge.\u201d Held,: The phrase quoted does not designate the person named therein to administer the estate nor commit the execution of the will to her, and she is not entitled to he appointed executrix.\n3. Wills \u00a7 31\u2014\nThe rule that a will should be interpreted from its four corners to carry out the intent of testatrix as gathered therefrom does not permit the writing into the will by the court essential words not appearing therein.\nAppeal by respondents from Nettles, J., at September Term, 1940, of Davidsokt.\nThe clerk of the Superior Court of Davidson County on 5 September, 1940, admitted to probate the holograph will of the late Florence Siceloif Leonard, who died 24 August, 1940, consisting of two pages, the first of which reads:\n\u201cMy Request\n\u201cI want after all my expences is paid\nOne Thousand Dollars ($1,000) be given to Nazareth Orphans Home.\nOne Thousand dollars ($1,000) be given Bethany Reform Church.\nThe rest be equaly divided between my nephews and neices just a like.\nMy personel property be divided as you see best.\nFLORENCE SlCELOEE LEONARD\n\u201cMay 20, 1935.\u201d\nAnd the second page of which reads :\n\u201cAll I Have Is This.\n\u201cOne bon of $225. dollars in Kinston Bank.\nSmall amount of money in Winston-Salem Bank.\nSister Mary has my bank book.\nLexington Bank & Mortgages have rest of money.\nMrs. J. Thom Leonard have this in charge\nMrs. J. Thomas Leonard have few of my things such as quilts feather bed pillows carpet & few dishes\nPennie have few things be longs to me.\nDo away with them as you see best.\nFlorence Siceloee Leonard\n\u201cMay 20, 1935.\u201d\nOn the day the will was filed for probate Mrs. J. Thomas Leonard filed a petition asking that she be appointed executrix, which petition the clerk of tbe Superior Court denied, adjudging as a matter of law tbat there was no appointment of an executrix made in said will.\nFrom tbis judgment tbe petitioner appealed to tbe judge of tbe Superior Court, wbo reversed tbe judgment of tbe clerk and remanded tbe case witb tbe direction tbat tbe clerk appoint Mrs. J. Tbomas Leonard executrix of tbe last will and testament of Florence Siceloff Leonard. To tbis judgment tbe respondents preserved exception and appealed to tbe Supreme Court.\nDon A. Walser and Paul B. Paper for petitioner, appellee.\nP. V. Gritcher and W. F. Brinkley for respondents, appellants."
  },
  "file_name": "0738-01",
  "first_page_order": 806,
  "last_page_order": 808
}