In re Humphrey
Supreme Court of North Carolina
Appeal by petitioner from Carr, J., and a jury, November Term, 1951, Onslow. No error. This proceeding was commenced by a petition filed under G.S. 35-2 by J. D. Heath, a nephew of the respondent.
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Appeal by petitioner from Carr, J., and a jury, November Term, 1951, Onslow. No error. This proceeding was commenced by a petition filed under G.S. 35-2 by J. D. Heath, a nephew of the respondent. Petitioner alleges that B. E. Humphrey is incompetent from want of understanding to manage his own affairs, by reason of mental disorders and physical weakness; that he is the owner of valuable real and personal properties, most of which is located in Onslow County; that in the operation of respondent’s business, matters have developed which make it necessary for some person to take over the…
1Opinion of the CourtValbNtiNE, J.
At the trial in the Superior Court, both petitioner and respondent offered evidence tending to support their respective contentions. Three doctors and twelve lay witnesses testified for petitioner, while three doctors and eight lay witnesses testified for respondent. All of the testimony tended to show that respondent in 1938 had suffered a cerebral hemorrhage resulting in partial paralysis, and had suffered a similar attack in 1950. The doctors testifying for petitioner described the physical and, to some extent, the mental condition of respondent, but neither asserted an opinion that…
2Cases cited18 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- State v. . CombsSupreme Court of North Carolina · 1931
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Pendergraft v. RoysterSupreme Court of North Carolina · 1932
- Bruce v. O'Neal Flying Service, Inc.Supreme Court of North Carolina · 1951
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- Pope v. GoodsonSupreme Court of North Carolina · 1959
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