Brown v. . Eaton
Supreme Court of North Carolina
Civil Action devisavit vel non tried at Fall Term, 1884, of Warren Superior Court, before Qudger, J. It was proved by six witnesses that the paper writing in controversy was in the handwriting of the decedent, J. Falcon Brown. W: B. Falcon, a witness for the propounder, testified that the book in which the paper writing was contained was kept by his uncle (the deceased) in his house, and had in it his accounts with his tenants.
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Civil Action devisavit vel non tried at Fall Term, 1884, of Warren Superior Court, before Qudger, J. It was proved by six witnesses that the paper writing in controversy was in the handwriting of the decedent, J. Falcon Brown. W: B. Falcon, a witness for the propounder, testified that the book in which the paper writing was contained was kept by his uncle (the deceased) in his house, and had in it his accounts with his tenants. He had seen it frequently before his uncle’s death, whic'h occurred May 8,1883, and he saw the book again the day subsequent to his burial, when Brown the propounder…
1Opinion of the CourtAshb, J.
The only question presented by the record for the determination of this court, is — Was there such a finding of the paper writing as is required by the statute?
The statute provides that “no last will or testament shall be good or sufficient in law or equity to convey or give any estate, real or personal, unless such last will shall have been written in the testator’s lifetime, and signed by him or some other person in his presence and by his direction, and subscribed in his presence by two witnesses at least, no one of whom shall be interested in the devise or bequest of the caid estate; or…
2Cases cited1 opinion
- Winstead v. . BowmanSupreme Court of North Carolina · 1873
3Cited by7 opinions
- In re Will of JenkinsSupreme Court of North Carolina · 1911
- Bank v. . BankSupreme Court of North Carolina · 1922
- In Re Sheppard's WillSupreme Court of North Carolina · 1901
- Broad Street Bank v. National Bank of GoldsboroSupreme Court of North Carolina · 1922
- In Re Jenkins v. .Supreme Court of North Carolina · 1911
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