Ross v. . Christman
Supreme Court of North Carolina
This was an appeal from the judgment of the Court upon the verdict of a jury, on the trial of an issue, “ vel non,” tried before Nash, Judge, at the Fall Term, 1840, of Guilford Superior Court of Law. The case was thus stated by the Judge: Issue of11 Devisavit vel non,” to try the validity of George Christman’s will. It was admitted that the deceased had full capacity to make a will, and that the paper in evidence was duly executed under all the forms required by law.
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This was an appeal from the judgment of the Court upon the verdict of a jury, on the trial of an issue, “ vel non,” tried before Nash, Judge, at the Fall Term, 1840, of Guilford Superior Court of Law. The case was thus stated by the Judge: Issue of11 Devisavit vel non,” to try the validity of George Christman’s will. It was admitted that the deceased had full capacity to make a will, and that the paper in evidence was duly executed under all the forms required by law. But for the defendant it was contended that he did not know the contents of the paper now propounded as his will; that either…
1Opinion of the Court
Gaston, Judge,
If we are t.o understand the answer s-Wetl by the presiding Judge to the enquiry of the jury, as laying down the proposition, that when there is any eviof fraud or imposition in procuring the execution of an instrument as a will, the contents whereof are unknown or misrepresented to the supposed testator, the tri,ers are not qt liberty to cqnsider the dispositions of property actually made therein, we should feel ourselves bound to hold that the jury hacj beep misdirected. A conflict between these dispositions- and the known testamentary intentions of the deceased — the…
2Cited by4 opinions
- In Re HintonSupreme Court of North Carolina · 1920
- In Re Daniel Burns' WillSupreme Court of North Carolina · 1897
- In Re the Will of FranksSupreme Court of North Carolina · 1949
- In re HintonSupreme Court of North Carolina · 1920