Horne v. . Horne
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Anson County, at the Spring Term, 1848, his Honor Judge Bailey presiding. This was an issue of devisavit vel non upon a paper writing, offered for probate by the plaintiffs, as the last will and testament of Joel Horne, deceased, in which paper writing, the said plaintiffs were named as executors and only legatees.
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Appeal from the Superior Court of Law of Anson County, at the Spring Term, 1848, his Honor Judge Bailey presiding. This was an issue of devisavit vel non upon a paper writing, offered for probate by the plaintiffs, as the last will and testament of Joel Horne, deceased, in which paper writing, the said plaintiffs were named as executors and only legatees. Three objections were raised by the defendants, to-wit: 1st. That the supposed testator was not of sufficient capacity to make a will, for want of a sound disposing mind and memory. 2ndly. That if not actually incapable of making a will, he…
1Opinion of the CourtNash, J.
This was an issue of devisavit vel non to try the validity of a paper writing, purporting to be the last will and testament of Joel Horne,- deceased.
Three objections were made by the defendants, the' caveators. First, that the deceased had not mental capacity. Secondly, if he had, his mind was so weak that he was easily influenced, and executed the paper under' influence and through fraud and circumvention : And thirdly, that the supposed testator was, at the time he executed the paper, a citizen of South Carolina, and had' his domicil there, and that the paper writing was witnessed by only…
2Cited by16 opinions
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- In Re Will of RossSupreme Court of North Carolina · 1921
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