Pridgen v. Pridgen's Heirs
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Columbus County, at the Spring Term, 1852, his Honor Judge Ellis presiding. This was an application to prove the last will and testament of Etheldred Pridgen, deceased, in solemn form which was resisted by the next of kin of the deceased ; and an issue of Devisavit vel non had been made up in the County Court of Columbus, and sent into this Court for trial.
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Appeal from the Superior Court of Law of Columbus County, at the Spring Term, 1852, his Honor Judge Ellis presiding. This was an application to prove the last will and testament of Etheldred Pridgen, deceased, in solemn form which was resisted by the next of kin of the deceased ; and an issue of Devisavit vel non had been made up in the County Court of Columbus, and sent into this Court for trial. Upon the trial, one of the subscribing witnesses proved the execution and publication of the will; and it appearing, that the other witness had made his mark and was not an inhabitant of the State,…
1Opinion of the CourtNash, J.
It is unnecessary to say, what would be the judgment of the Court upon the question presented in this case, if it were res integra. We do not consider it an open question, but one settled by a course of decisions, and not now to be disturbed. Our statute of 1784 is, so far as this question is concerned, the same with the English Statute of Frauds, of the 29th of Charles II. The latter directs, that all devises of lands and tenements shall be in writing, and signed by the testator, &c , and be subscribed in his presence by three or more witnesses. The same words are used in the act of 1784, as…
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