Hathaway v. . Hathaway
Supreme Court of North Carolina
Special Proceeding- heard at Spring Term, 1884, of Pitt Superior Court, before Shepherd, J. This was a proceeding commenced by petition in the probate court, to set aside the probate in common-form of a paper-writing purporting to be the last will and testament of Anna Hathaway, executed on May 8, 1879, and for the probate in solemn-form of her will executed on January 27, 1879. The following issues were prepared and transferred to the superior court for trial: 1. Is the…
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Special Proceeding- heard at Spring Term, 1884, of Pitt Superior Court, before Shepherd, J. This was a proceeding commenced by petition in the probate court, to set aside the probate in common-form of a paper-writing purporting to be the last will and testament of Anna Hathaway, executed on May 8, 1879, and for the probate in solemn-form of her will executed on January 27, 1879. The following issues were prepared and transferred to the superior court for trial: 1. Is the paper-writing dated and purporting to have been executed on the 8th day of May, 1879, or any part thereof, if so, what…
1Opinion of the CourtSmith, C. J.
Two scripts bearing the respective dates of January 27th, 1879, and May 8th of the same year, each purporting to be the last will of one Anna Hathaway were offered for probate at the same time by two of the executors of the first, and the sole executor in the last, who is also an executor in the other, but refuses to act with his associates. These are the opposing parties to the twofold contest and caveat the scripts. Issues of devisavit vel non in respect to both instruments were prepared and submitted to the same jury at the same time.
The propounder of the instrument made in_May offered…
2Cases cited1 opinion
- McLeary v. . NormentSupreme Court of North Carolina · 1881
3Cited by11 opinions
- In Re HintonSupreme Court of North Carolina · 1920
- In Re Will of ChismanSupreme Court of North Carolina · 1918
- In Re Will of BrownSupreme Court of North Carolina · 1932
- Whitley v. ReddenSupreme Court of North Carolina · 1970
- Bissett v. . BaileySupreme Court of North Carolina · 1918
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