Hughes v. . Smith

Hick, J. Tbe only question presented, is whether tbe holograph script propounded for probate, was found in such a. place of deposit as to satisfy tbe requirements of tbe statute: Bev. Code, cb. 119, sec. 1. Similar questions have often been before tbis Court, and tbe principles by wbicb they are governed, are well settled: Little v. Lockman, 4 Jon. 494; Hill v. Bell, Phil. 122. Tbe requirements of tbe statute are sufficiently compbed with if tbe script is- found among tbe valuable papers and effects, under such circumstances as to show that tbe deceased regarded it as a valuable paper, and desired it to take *495 effect as Ms will. The change of the conjunction “or,” in the Bevised Statutes, to the conjunction “and,” in the Be-vised Code, does not affect the construction of the statute. If the word “and” is taken in its strict conjunctive sense, the statute would be virtually repealed, or its benefits greatly diminished; as but few persons who manage their-business with order and system, keep their valuable papers and effects mixed up together. Notes, bonds, &c., are usually kept together M proper files, and currency, coin, jewels, &c., are deposited in a more secret place. In the-case of Little v. Lockman, supra, the script propounded, was found in the drawer of a bureau, among some useless papers and rubbish, and there were valuable papers and effects kept in another drawer of the same bureau. Under such circumstances the Court properly held that the script was not found in such a place of deposit as was contemplated by the statute. In our case the script was found in a drawer inside of a desk, deposited between a bag of gold coin, and a bag of silver coin, and just above the drawer, in pigeon-holes, were found notes, bonds and other valuable papers properly arranged in files. The drawer and pigeon-holes were secured by the same door and lock. This drawer was a very appropriate place for the keeping of the coin, as it was concealed from view when the desk was opened, and was such a place of deposit for the holograph script as to meet the strict requirements of the statute. There was error in the ruling of his Honor, and there must be a venire de novo. Per Curiam. Venire de novo.