Holt v. . Ziglar
Supreme Court of North Carolina
Appeal from Lyon, J., at November Term, 1911, of Rocx-INGHAM. Civil action. Fourteen issues were submitted to tbe jury by bis Honor, but as tbe finding of tbe jury in response to the first issue is determinative of tbe action, it is necessary to set out only that issue, to wit: 1. Was tbe judgment setting aside tbe will of Yalentine Allen obtained by collusion between Samuel A. Allen, J. Ham Cardwell, and S. B. Ziglar, for tbe purpose of vesting tbe title to tbe lands…
Read the full summary
Appeal from Lyon, J., at November Term, 1911, of Rocx-INGHAM. Civil action. Fourteen issues were submitted to tbe jury by bis Honor, but as tbe finding of tbe jury in response to the first issue is determinative of tbe action, it is necessary to set out only that issue, to wit: 1. Was tbe judgment setting aside tbe will of Yalentine Allen obtained by collusion between Samuel A. Allen, J. Ham Cardwell, and S. B. Ziglar, for tbe purpose of vesting tbe title to tbe lands conveyed in tbe will of Yalentine Allen in tbeir respective wives, and divesting tbe children of tbe said respective wives of…
1Opinion of the CourtBrown, J.
A paper-writing purporting to be tbe last will and testament of Yalentine Allen was duly admitted to pro bate in common form by tbe clerk of the Superior Court of the county of Rockingham in 1885. A paper-writing, undated, purporting to be a caveat to said will was filed in the office of the said clerk during said year, and on 20 October, 1885, notices were issued by the clerk direct to Elizabeth A. Allen et <d., devisees .under the said will, and an issue of devismit vel non was made up and certified for trial to the regular term of the Superior Court of said county on 9 November, 1885. At…
2Cases cited12 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- Card v. Finch.Supreme Court of North Carolina · 1906
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Moore v. . GidneySupreme Court of North Carolina · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Graham v. . FloydSupreme Court of North Carolina · 1938
- Graham v. FloydSupreme Court of North Carolina · 1938
- Bailey v. . McLainSupreme Court of North Carolina · 1939
- Johnson v. . WhildenSupreme Court of North Carolina · 1916
- Butler v. . WinstonSupreme Court of North Carolina · 1943
4 more not listed; retrieve them via the Exa API.