THIS IS THE LAW
by Cbcules W. Daniol
for tho
North (."aroiina
Bar Association
A will ik a writing or expression
by which a person makes disposi. |
tion of his property both real
and personal after his death.
The right to make a will is not a
natural one, but is accorded the
' individual by law.
A will, of course, has no effect ;
until the death of thte person mak j
irtg it. Thus, it may be changed, !
or even destroyed, by the maker
in any manner he desires before
death.
A person under . 21 can NC/T t
inaki* a valid will In N. C. So, If
an Individual say 18 yfcars old,
signed a paper which he intended
to be his will, It would have no
effect at all in the eyfca of the law.
I lis property would bo .distributed
according to the North Carolina
laws which come into play when
one dies without a will.
THREE KINDS
The law recognizes three kinds
of wills in N. C. They are called
(in order of frequency of use) :
1. Attested < witnessed) will; it
must be signed by the person
making it, or someone in his pre
sence and by his direction for him,
and by AT LEAST two persons as
witnesses, in the presence of the
will maker (at his request) and in
the presence of each other. 11
would be smart to have more than
two witnesses and to ask persons
younger than the will-maker to
Free Estimate
FOR:
Ifletai-Vent Awnings
Mineral Wool Insulation
Weather ? Stripping
Installed Aluminum Screens
Ornamental Iron
? SEE ?
*
Don Crawford
116 W. Lackey St. Phone 607 -J
Kings Mountain Representative of
NORMAN HARRIS & SON ? Shelby
ALL WOBK FULLY GUARANTEED
serve as witnesses.
2. Holographic will; must be
entirely in the handwriting of the
will-maker and signed by him
and found among his "valuable
papers" after his death, or given
to someone to keep for him. Such
a will, written on cheap, lined
paper and found In the overalls
of a farmer after his death along
with certain receipts and a poo
ketknife, was held by the N. C.
Supreme Court to be a valid holo
graphic will.
3. Nuncupative will; a death
bed oral statement which is good
to pass personal property only.
This kind of will is rare. A per
son on his death bed and actually
about to die, could not use this
kind of will to give bis house or
farm to a loved one. He could,
however, use It to Indicate his
wishes for distribution of bis au
to, electric razot, horses, pigs,
plows and other personal belong
ings. <
Any written will should be<very
carefully prtepared for a number,
of reasons. Not the least of these
is the fact that unless it meets
minimum legal requirements, the
law will strike it down as no will
at all. Then the writer's property
would bfe distributed according to
law and not according to his own
wishes. Because the amount of
tax upon the estate and the sur
viving beneficiaries of a will may
be determined by the manner in
which the will Is drawn, in most
cases it Is bettter to consult an
attorney. A person can draw his
own will, of course. If he believes
himself sufficiently familiar with
legal requirements.
All wills in North Carolina
must be "probated" before the
CTerk of Superior Court after the
death of the property owner. Only
after probate can the property
be distributed as directed by the
will.
Of course, a person can destroy
his will or change it before his
death. If hb wishes to change or
add to It, he must either destory
the old will and start over again,
or, make what the law calls a
"codicil," or addition to the origi
nal writing. This "codicil", how
ever, In order to be effective,
must be signed and witnessed ac
cording to the same rules that ap
ply to making the will itself.
MA CAN. PA CANT
A married woman can make a
will in N. C. disposing of ALL her
property (to the exclusion of her
husband), if she likes. Her hus
band, while she Uvbs as his wife,
can NOT do the same to her. This
odd fact in the law is true because 1
a husband. In North Carolina, can
do nothing to defeat his widow's
right to "dower", or a certain por
tion of his property during her
lifetime. While the husband, who
survives a woman who died with
out a will, has a lifetime right
J
?? Rambling Sketches Of
Oak Grove News
By Mr*. William Wright '
Mr. and Mrs. Bfen Davis of Gas
tonla were the Thursday evening
guests of Mr. and Mrs. Buford
Ware and Jimmy.
Mrs. Ann McSwain and Mrs.
Mayme Gibbons spent Sunday
with Mr. and Mrs. Lester Canipe.
Mr. and Mrs. Charlie Pryor of
Kings Mountain were Sunday
guests of their daughter, Mrs.
Jasper Philbeck, Mr. Phllbfeck,
and children.
Mr. and Mrs. Stokes Wright
and children and Mrs. Laura
Wolfe were Sunday dinner guests
of Mr. and Mrs. Horace Bell and
daughters.
Mr. and Mrs. William Wright
had as their Sunday afternoon
guests, Mr. and Mrs. Raymond
Seism and son, David of Patter
son Grove.
Misses Sue Barrfett, Peggy Ross,
Orangel Parrish, and Gaynell
Scruggs of Kings Mountain and
Miss Annette Ware were recent
guests of Miss Betty Lou Phil
beck.
Mrs. Ann McSwain, Mrs. Gladys
Thornburg and son, Dwan, Mrs.
Helen Patterson and Nancy were
Wednesday guests of the scribe
and husband.
Mr. and Mrs. John Patterson
and daughter, Nancy, were the
Sunday guests of Mrs. E. M.
Wright of Midway.
Mr. and Mrs. Ben Davis of Gas
tonla and Mr. and Mrs. Buford
Ware and son, Jimmy, visited
friends In Greenville Sunday.
Mr. and Mrs. Bobby Ware
were the Sunday guests of Mr.
and Mrs. John Williams and chil
dren of Midway.
Mr. and Mrs. Altex Owens and
daughters, Ann and Sue, of Kings
Mountain were Sunday afternoon
visitors in the home of Mr. and
Mrs. Frank Ware and family.
Mr. and Mrs. Arnold Bell and
son, Dennis, spent Sunday with
Mr. and Mrs. Sam Bell and fami
ly
Mr. and Mrs. Edward Bell of
Swainsville were recent visitors
| in the home of Mr. and Mrs. Eu
gfene Bell and children.
Miss Annete Ware Is Ul.
Mrs. Eva Prftterson, Mrs. Mar
garet Thornburg of Kings Moun
tain and Mrs. Helen Hamrick of
Patterson Grove were Wednesday
spend-the-day guests of Airs. Ro
sa Lee Bell.
(known as "courtesy") in all the
separate property of his departed
wife, the wife can defeat her hus
band's right by will or other dis
posal of her property.
The wife's "dower" right car.
be stopped by her own misconduct
or abandonment of her mate;
43-pc. SET
DISHES
Daffodil patterns in hand-painted Blue Ridge
dinnerwarc Regula $18.95. now only
Limited Time Only!
SAVE $25.50
57-pc. SET SILVERWARE!
1847
Rogers Bros.
? Eternally Yours
? Rembrpnce
Just 2 seis le't! Both
hare noedei serving
picces.
$79.95
IEWELRY SALE!
ALL LADIES' $1.50 JEWELRY
? Pins
? Earrings
l?tjQQ9| ? Necklace:
? Other Items
Now
Federal Taxes
OFF 10 PERCENT
Effective April 1. federal excise taxes on most
Jewelry were reduced 107?. It means a great re*
duction on virtually every Item we selll
Fulton Building ? Weil Mountain Sta**t
HOME-OWNED
Cherryville Class
To Repeat Musical
Due to popular demand, the
students of Cherryville High
School will again present the
musical production, "Women Are
Here To Stay."
The performance will take
place in the Starnes Auditorium
on Saturday night, April 10, atl
8 o'clock. The gttls have contln- j
ued to -work on the* musical, and
plan to make this Saturday
night's performance even fcet*?r
than the first one, which was
enthusiastically .received by a
packed house.
Admission will toe 50 cents for
adults, and 25 cents for students.
Girl Scout News
Brownie Troop 32 o I Presby
terian church held their regular
meeting April 1 in the recreation
al building.
Every one enjoyed making
monkeys from pfeanuts and pipe
cleaners. Later all went outside
and played games. One of the
most played games was jump
rope.
A goodbye circle was made and
all members sang 'Taps" togeth
er.
Marian Plonk, Reporter
SUBSCRIBE TO THM HERALD
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Pkg.
A&P Fancy Light Meat
TUNA Fl
American ? Processed Cheese
CHED-0
, /? ?' * ? V?'*' " ? *? * . ?? * ?
Wonderful Dessert Topping
REDDI-WIP
7-Oz.
Corvt.
Grand Buy! Eatwell Grated
TUNA FISH-- 19
Strietman's Town House Crackers pk*.' 35c
Paas Easter Egg Dye ... Jg; 15c CoSSto,'39c
Ann Page April Valyes!
Peach- Pineapple- Apricot
PRESERVES % 25c
i. ?
Ann Page Fancy
Tomato Soup 4 37 c
1 nn Page Sparkle
Puddings 4 pkw 23c
nn Page Broad or
rine Noodles . KJ: 17c
*/
Ann Page Top Quality Salad
Dressing , - jar 49c
Cot Bite
Wax Paper
25-rt
Ron
Woodbury
FocloiJ Soap
Reg.
Bart
17c
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Swift Prem _ _ *??
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Money Can't Buy A Finer Oil
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Swift's AD Sweet
Margarine --- ??
Shortening v
Swift Jewel .. "S 77c
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Dog Food -
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31c 85c
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HE = - - *s? 49c
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25c
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35c & 67c
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1 Lb.
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3 Ban 25c
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SOAP
Strietman's
1 lb. Box
? iu. UVA
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Pinto Beans 27c
Wilson's
12 oz. can
Chopped Beei ........
Jane Parker ? Vanilla ? Choc. ? St. Berry ? Orange
COOKIES? 7 1/4 oz. pkg. . . . . 19c
Ann Page 12 oz. Jar 24 oz. Jar
Grape Jelly .... 17c 33c
Ann Page
MAYONNAISE? quart 55c
Ann Page .
Sparkle Gelatine? 4 pkgs. ... 25c
Nutley
Oleomaigarine? 1 lb. ....19c
Sunrise df Coble Cultured
Butter Milk? quart 17c
Burry#? -< ?
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PRODUCE VALUES
Stalk
Nice Tender Sacs '
Vallum ft*n?
I VlrJH v lW
Juicy Florida V*: ' i
Q.a Halfttll '
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flj m " ' BMiinf '-*?
HlOVP 4a *
ruled Wlta Juice
Florida ---Bag
Lb. M,
.. , .. ? f Bag W*
Red Blitt Potatoes u. 5r
Crisp Red Radishes 1 mm 19c
Sunshine
Cheez-lts
6-?i. 1 Qr
Pkg. Ivv
Walker Austex
Beef Stew
27c
15-0*.
Can
Nabisco Vanillq
Wafers
12-0*.
Pkg.
Walker Austex
> ; ' . - _ v ' .
Tamales
15-Oz.
Can
Tide
He 1 fiSt
Palmolive
Dreft
T
3 52.25c
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M Pv : ' lili