Benjamin v. Teel
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Martin County, at a Special Term in February 1850. A paper, purporting to be the will of Drury Teel deceased, was offered for probate by Benjamin, the executor, and its validity contested by the widow of the party deceased. The County Court ordered an issue, devisavitvel non, to be made up, and also a notice to issue to Jas. L. Teel and Mary Teel, the heirs and next of kin of the deceased, to come tn and see proceedings.
Read the full summary
Appeal from the Superior Court of Law of Martin County, at a Special Term in February 1850. A paper, purporting to be the will of Drury Teel deceased, was offered for probate by Benjamin, the executor, and its validity contested by the widow of the party deceased. The County Court ordered an issue, devisavitvel non, to be made up, and also a notice to issue to Jas. L. Teel and Mary Teel, the heirs and next of kin of the deceased, to come tn and see proceedings. Those persons were infants, and a guardian ad litem, was appointed for them. The issue was afterwards tried and found against the…
1Opinion of the CourtRuffin, C. J.
Persons, to whom notice to see proceeding is given, are bound by them, and are, in the view of the Court of probate, parties to the proceedings, as far as there can be said to be parties in such a controversy. It is true, they may not be actors in the cause, and therefore not liable to costs. But, unless they do something to preclude them, they may become active at any time before the sentence is pronounced ; for, until that is done, any party in interest is entitled to be heard for or against the script. The usual manner of effecting that with us has not been by a new and distinct allegation…
2Cited by2 opinions
- Wells v. . OdumSupreme Court of North Carolina · 1933
- In Re the Will of EtheridgeSupreme Court of North Carolina · 1950