Powell v. . Watkins
Supreme Court of North Carolina
Cause beard on caveat to will of N. 0. Powell and motion to remove cause to Federal court before Peebles, J., at February Term, 1916, of HeRteoed, and again before Winston, J., at July Term, 1916. It appears tbat propounders, wbo are nonresidents of this State, offered for probate tbe will of N. C. Powell, wbo died resident in Hert-ford County, N. 0., and T. A. Powell et al. filed a caveat to proof of will on tbe ground of mental incapacity, fraud and undue influence, etc.
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Cause beard on caveat to will of N. 0. Powell and motion to remove cause to Federal court before Peebles, J., at February Term, 1916, of HeRteoed, and again before Winston, J., at July Term, 1916. It appears tbat propounders, wbo are nonresidents of this State, offered for probate tbe will of N. C. Powell, wbo died resident in Hert-ford County, N. 0., and T. A. Powell et al. filed a caveat to proof of will on tbe ground of mental incapacity, fraud and undue influence, etc. In tbis caveat allegation was made tbat tbe property involved in tbe controversy and disposed of by tbe will was over…
1Opinion of the CourtHoke, J.
The acts of Congress now controlling the matter, chapter 231, Laws 1911, United States Statutes at Large, vol. 36, part 1, p. 1087 et seq., in section 28 provides for removal from tbe State courts of “any suit of a civil nature, at law or in equity, arising under the Constitution and laws of the United States or treaties made,” etc., and any other suit “of a civil nature, at law or in equity, of which the district courts are given jurisdiction by this title.” And section 24 of the same act confers jurisdiction on the district courts, among many other causes, of “all suits of a civil nature,…
2Cases cited14 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Farrell v. O'BrienSupreme Court of the United States · 1905
- Ellis v. DavisSupreme Court of the United States · 1883
- In re CilleyU.S. Circuit Court for the District of New Hampshire · 1893
- Collins v. . CollinsSupreme Court of North Carolina · 1899
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3Cited by5 opinions
- In Re the Will of BrownSupreme Court of North Carolina · 1927
- Starnes v. . ThompsonSupreme Court of North Carolina · 1917
- Edwards v. . WhiteSupreme Court of North Carolina · 1920
- Mason v. Southern Railway Co.Supreme Court of North Carolina · 1938
- In Re the Will of BrownSupreme Court of North Carolina · 1927