In Re Will of Beauchamp
Supreme Court of North Carolina
Civil action, beard before Ward, J., at Spring Term, 1906, of the Superior Court of Davie County. James Beauchamp died in Davie County, on or.about 10 August, 1863, and a paper-writing purporting to be the will of said Beauchamp was admitted to probate in common form by the County Court of Davie, in September, 1863. On 17-November, 1903, Sarah J. Sparks, one of the heirs of said Beauchamp, joined by her husband, filed her caveat and petition before the Clerk of the Superior…
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Civil action, beard before Ward, J., at Spring Term, 1906, of the Superior Court of Davie County. James Beauchamp died in Davie County, on or.about 10 August, 1863, and a paper-writing purporting to be the will of said Beauchamp was admitted to probate in common form by the County Court of Davie, in September, 1863. On 17-November, 1903, Sarah J. Sparks, one of the heirs of said Beauchamp, joined by her husband, filed her caveat and petition before the Clerk of the Superior Court of Davie Oounty, asking for probate of the paper-writing in solemn form. The cause was transferred to the…
1Opinion of the CourtClark, C. J.
This is a caveat to the will of James Beau-champ, who died 10 August, 1863, filed by his daughter, 17 November, 1903, asking for probate in solemn form. She was a married woman at the time the will was probated, in September, 1863, and is still. The respondents are her younger brother and sister, who were infants of tender years in September, 1863.
Tbe probate of tbe will in common form in 1863 is valid till set aside. Armstrong v. Baker, 31 N. C., 114; Revisal, sec. 3128. While tbe next of kin and heirs at law have tbe right to require probate in solemn form, this right may be forfeited,…
2Cases cited5 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Whitehurst v. . DaySupreme Court of North Carolina · 1884
- Randolph v. . HughesSupreme Court of North Carolina · 1883
- Etheridge v. Corprew's Ex'rsSupreme Court of North Carolina · 1855
- Armstrong v. . BakerSupreme Court of North Carolina · 1848
3Cited by8 opinions
- Mills v. . MillsSupreme Court of North Carolina · 1928
- Coxe v. . CarsonSupreme Court of North Carolina · 1915
- City of High Point v. ClinardSupreme Court of North Carolina · 1933
- In Re Will of DupreeSupreme Court of North Carolina · 1913
- In Re Will of BatemanSupreme Court of North Carolina · 1915
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