In Re Will of Thorp
Supreme Court of North Carolina
AN issue .of devisavit vel non, tried at February Term., 1909, of GcRANville, bis Honor, Judge Long, • presiding. •The issue was found by tbe jury in favor of'tbe propounder. • From tbe- judgment rendered, tbe caveator, William H. Tborp, appeals. :
1Opinion of the CourtBrown, J.
Tbe ground upon wbicb tbe will of tbe testator, ■James Tborp, was contested is stated in tbe caveat to be “for tbe reason that at tbe time of tbe execution thereof, and continú- ously thereafter until Ms death, the said James M. Thorp did not have the capacity to make and execute a will, for that he was not of sound and disposing memory at and during said time.” The evidence on both sides is quite voluminous. That introduced for the propounders, including that of the witnesses to the will, tends to prove that the testator, a colored man, was eccentric; had been committed to the asylum for…
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