Legal Opinion

Cornelius v. Brawley

Supreme Court of North Carolina

Decided September 15, 1891PublishedCited by 15 opinions

This was an ACTION devisavit vel non, tried before Graves, J., at February Term, 1891, of Iredell Superior Court. The paper-writing, bearing date July 5th, 1888, together with a paper appended as a codicil, bearing date March 5th, 1889, purporting to be the last will and testament of W. J. Brawley, deceased, is without subscribing witnesses.

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This was an ACTION devisavit vel non, tried before Graves, J., at February Term, 1891, of Iredell Superior Court. The paper-writing, bearing date July 5th, 1888, together with a paper appended as a codicil, bearing date March 5th, 1889, purporting to be the last will and testament of W. J. Brawley, deceased, is without subscribing witnesses. It was propounded as the will of said decedent by the persons named as executors therein, and was admitted to probate, ex parte, by the Clerk of the Superior Court of Iredell County, on May 10th, 1889, upon the oath of one J. M. Shook that the said will…

1Opinion of the Court

Clark, J.:

The issue submitted arose on the pleadings, and was such as afforded either parly opportunity to present any view of the law arising upon the evidence through the medium of pertinent instructions, and was therefore sufficient (Humphreys v. Trustees, at this term; McAdoo v. Railroad, 105 N. C., 140; Denmark v. Railroad, 107 N. C., 187; Leach v, Linde, 108 N. C., 547), and, indeed, follows the precedents in such cases, Eaton’s Forms, 282.

The issues suggested by appellants presented rather evidential than constitutive facts, and were properly rejected. Grant v. Bell, 87 N. C., 34;…

2Cases cited8 opinions

  1. Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
  2. McDonald v. . CarsonSupreme Court of North Carolina · 1886
  3. Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
  4. St. John's Lodge, No. 1 v. CallenderSupreme Court of North Carolina · 1844
  5. Hampton v. . HardinSupreme Court of North Carolina · 1883

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3Cited by15 opinions

  1. In Re WestfeldtSupreme Court of North Carolina · 1924
  2. Collins v. . CollinsSupreme Court of North Carolina · 1899
  3. McEwan v. BrownSupreme Court of North Carolina · 1918
  4. In Re the Will of CrawfordSupreme Court of North Carolina · 1957
  5. In re Last Will & Testament of WestfeldtSupreme Court of North Carolina · 1924

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