Cutler v. Cutler.
Supreme Court of North Carolina
ActioN by Samuel A. Cutler against C. J. Cutler and others, heard by Judge 0. N. Allen and a jury, at February Term, 1901, of the Superior Court of Bdaupobt County. From a judgment for the defendants, the plaintiff appealed.
1Opinion of the CourtFttrcbes, C. J.
This is an action of devisavil vel non of the will of Nathan C. Cutler. It is not contended but what he at one time intended the paper-writing, offered for probate, as his last will and testament. And while there are other exceptions to other matters, which will be considered, the principal question is as to whether it was revoked or not; and as this is the main question, we will assume that it was properly executed, and consider the question of revocation first.
There was a motion to nonsuit the plaintiff at the close' of the evidence, and the whole evidence is sent up as a part of the case…
2Cases cited4 opinions
- Guy v. . ManuelSupreme Court of North Carolina · 1883
- Steele v. PriceCourt of Appeals of Kentucky · 1844
- Bethell v. . MooreSupreme Court of North Carolina · 1837
- In Re Cox's WillSupreme Court of North Carolina · 1854
3Cited by24 opinions
- In Re the Will of FranksSupreme Court of North Carolina · 1949
- Morris v. BullockSupreme Court of Georgia · 1937
- In Re Will of WellbornSupreme Court of North Carolina · 1914
- Will of Griffith v. GriffithWisconsin Supreme Court · 1917
- In Re Estate of CablerSupreme Court of Oklahoma · 1927
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