Etheridge v. Corprew's Ex'rs
Supreme Court of North Carolina
Petition for tbe probate of a will in solemn form,' beard before bis Honor Judge Saunders, at tbe last Superior Court •of Currituck. Tbe petition was filed in tbe County Court, whence it was brought by appeal of defendant to tbe Superior Court. It sets forth that the petitioners are the next of kin of John Wheatly, who died in 1843, as they say, intestate.
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Petition for tbe probate of a will in solemn form,' beard before bis Honor Judge Saunders, at tbe last Superior Court •of Currituck. Tbe petition was filed in tbe County Court, whence it was brought by appeal of defendant to tbe Superior Court. It sets forth that the petitioners are the next of kin of John Wheatly, who died in 1843, as they say, intestate. That a few days after bis death, defendant’s testator exhibited a paper Writing, purporting to be the last will and testament of tbe said John, to tbe County Court, and bad the same proved in common form, without having cited tbe…
1Opinion of the CourtPearson, J.
As a matter of common justice, no one should bo deprived of his rights without an opportunity of being heard. Hence, no order, sentence or decree, made ex parte, is conclusive ; and all persons affected by it are entitled, £ of common right,’ to have it set aside.
Tire exigence of the estates of deceased persons, sometimes requires that probate of wills should be .taken before there is time to serve notice upon the next of kin, because of a present necessity that some one should represent the deceased, take charge of the estate, collect debts, pay creditors, &c. Por this reason a probate in £…
Also in this document: Per curiam.
2Cited by8 opinions
- In Re Will of HedgepethSupreme Court of North Carolina · 1909
- Mills v. . MillsSupreme Court of North Carolina · 1928
- In Re Will of EllisSupreme Court of North Carolina · 1952
- In Re Will of BeauchampSupreme Court of North Carolina · 1907
- In Re Will of DupreeSupreme Court of North Carolina · 1913
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