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Keywords

plaintiffdefendanttrialwillcompliance

plaintiffdefendantappealverdictwill

Related Cases

Siler v. Dorsett, 108 N.C. 300, 12 S.E. 986

Facts

Matthias Siler owned a tract of land and, in his will, bequeathed it to his nephews, Frank and John Dorsett, under certain conditions related to an agreement with their father, Matthias Dorsett. The plaintiff, Lucy M. Siler, is the only surviving child and heir of Matthias Siler. During the trial, it was established that the defendants were in possession of the land but did not comply with the terms of the agreement referenced in the will, which required their father to care for Siler during his lifetime.

It was also admitted that Matthias Dorsett was dead, and that he was the father of the defendants, who are in possession of the land, and he was the same person of that name mentioned in the clause of the will above referred to.

Issue

Did the defendants comply with the conditions set forth in the will of Matthias Siler, which were necessary for them to claim the land?

Rule

A testator may incorporate a separate paper into their will, but it must be described with sufficient particularity to identify it, and it must be executed contemporaneously with the will.

A testator may make a paper writing referred to, but not set forth, in his will, a part of it; but to do so such paper must be described and identified with such particularity as to designate and clearly show, and so that the court can certainly see, what paper is meant to be made part of the will.

Analysis

The court analyzed whether the agreement between Matthias Siler and Matthias Dorsett was sufficiently identified and incorporated into the will. It concluded that the defendants failed to demonstrate compliance with the conditions of the will, as they did not provide evidence of the agreement's terms and conditions, which were essential for the validity of their claim to the land.

The clear implication is that the testator intended to make the devise of the land to the defendants, not absolute, but in some way dependent upon 'terms and conditions' specified in the agreement of the father of the defendants with the testator to do or not to do something,-what we cannot see further than that it was material to the completeness and efficiency of the devise.

Conclusion

The court affirmed the judgment in favor of the plaintiff, Lucy M. Siler, ruling that the defendants did not meet the necessary conditions to claim the land under the will.

Judgment affirmed.

Who won?

Lucy M. Siler prevailed in the case because the court found that the defendants failed to prove compliance with the conditions of the will necessary for them to claim the land.

There was a verdict and judgment thereupon for the plaintiffs, and the defendants appealed to this court.

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