Bethell v. . Moore
Supreme Court of North Carolina
This was an issue of devisavit vel non, as to four scripts propounded as the will of William Bethell, tried at Caswell, on the last Circuit, before Dick, Judge. One of them consisted of several sheets of paper stitched together, and purporting to be a will executed at Natchés, in the state of Mississippi, in February, 1833: and was attested by Samuel S. Cartwright, Stephen Lanier, and John Kerr.
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This was an issue of devisavit vel non, as to four scripts propounded as the will of William Bethell, tried at Caswell, on the last Circuit, before Dick, Judge. One of them consisted of several sheets of paper stitched together, and purporting to be a will executed at Natchés, in the state of Mississippi, in February, 1833: and was attested by Samuel S. Cartwright, Stephen Lanier, and John Kerr. To this paper there were two signatures and two seals: the first signature was cancelled by having lines drawn across it, thus, W\il\li\a\m jB|ejzA|e|ZZ, but was still legible: the second was…
1Opinion of the Court
Ruffin, Chief Justice.
question ÍRjm¡¡fc|ajpo.n the, three instruments which a r eJ in<r%iting of the supposed testator. Thay are execidfAt^nA proved in conformity to the pet of 1s0. 5,) and are effectual to p.ass the lands whidhr-thea>fflrport to dispose of, as well as personal estate: The instrument which was prepared in patches, and executed there, is also a good will of personalty; for to that purpose the re-execution here by the second signature,, and placing the paper with the others in the- depositories of the deceased, are sufficient, although it had been previously revoked abso-.…
2Cited by5 opinions
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- In Re Last Will & Testament of LoveSupreme Court of North Carolina · 1923
- Leard v. AskewSupreme Court of Oklahoma · 1911