In Re Will of Neal
Supreme Court of North Carolina
Appeal by Charles E. Hamilton, caveator, from Long, J., at tbe September Term, 1921, of Fobsyth. Jobn Neal, born in Winston, N. C., a mdlius films, died in Ornaba, Neb., leaving an estate estimated to be of tbe value of $800,000 or over. On 19 October, 1920, wbat was claimed to be a copy of a lost, or destroyed, will disposing of bis property and appointing tbe Wachovia Bank and Trust Company executor and trustee, was admitted to probate in tbe Superior Court of Forsyth.
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Appeal by Charles E. Hamilton, caveator, from Long, J., at tbe September Term, 1921, of Fobsyth. Jobn Neal, born in Winston, N. C., a mdlius films, died in Ornaba, Neb., leaving an estate estimated to be of tbe value of $800,000 or over. On 19 October, 1920, wbat was claimed to be a copy of a lost, or destroyed, will disposing of bis property and appointing tbe Wachovia Bank and Trust Company executor and trustee, was admitted to probate in tbe Superior Court of Forsyth. The caveat was duly filed to said will by Jenny Becker dite, of "Washington, D. C., claiming to be tbe mother of said John…
1Opinion of the CourtClaeK, C. J.
The petition was properly dismissed. A party entitled to file a caveat under C. S., 4158, must be some one “entitled under such will or interested in the estate.” It being admitted that the deceased was rndlius films, there could be no one coming within that designation except: (1) His mother, if living; (2) his wife and child, if proven to be such; and (3) the University of North Carolina, should it be found that the deceased left neither mother, nor wife nor children.
A public administrator is a position created by ch. "113, Laws 1868-9, now O. S., II. He has no interest in or control over…
2Cases cited1 opinion
- Grantham v. . JinnetteSupreme Court of North Carolina · 1919
3Cited by7 opinions
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- In Re Estate of SmithSupreme Court of North Carolina · 1936
- Board of Education v. . JohnstonSupreme Court of North Carolina · 1944
- Carter v. . SmithSupreme Court of North Carolina · 1936
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