King v. . Kinsey
Supreme Court of North Carolina
Devisavit vel NON tried before his Honor Judge ‘veymnu?\ and a jury, at Spring Term, 1875, of the Superior Court of JoNES county.
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Devisavit vel NON tried before his Honor Judge ‘veymnu?\ and a jury, at Spring Term, 1875, of the Superior Court of JoNES county. A caveat having been entered to the probate of a paper writing, purporting to be the last will and testament of Ivy-King, deceased, the cause was transferred to the Superior Court for trial, where the following issue was submitted to the jur.y: Is the paper writing offered as the last will and testament of Ivy King, the last will and testament of the said Ivy King ? The evidence submitted to the jury was as follows : Stephen W. Noble testified, that the signature…
1Opinion of the CourtSettle, J.
The execution of the paper writing, purporting to be the last will and testament of Ivy King, and also of the two codicils, was duly proved by the subscribing witnesses thereto. The objection to the validity of this paper, as a will, is that no one proves that it was ever read over to the testator, who could neither read nor write. "Was this necessary ? This is not an open question, having been fully discussed and decided by this court adversely to the views of the caveators, in the cases of Downey v. Murphy, 1 Dev. & Bat. 82, and Hemphill v. Hemphill, 2 Dev., 291. In the one it is held, “…
2Cited by5 opinions
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- Lipphard v. HumphreyDistrict of Columbia Court of Appeals · 1906