Ex parte Brock
Supreme Court of South Carolina
Before Norton, J., Clarendon, October, 1891. This was an appeal by Mathew C. Wells and others, heirs at law of John W. Wells, deceased, from a judgment of the Court of Common Pleas, sustaining a decree of the Probate Court, that admitted to probate, after proof in solemn form, the will of said J. W. Wells, propounded by John O. Brock, executor.
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Before Norton, J., Clarendon, October, 1891. This was an appeal by Mathew C. Wells and others, heirs at law of John W. Wells, deceased, from a judgment of the Court of Common Pleas, sustaining a decree of the Probate Court, that admitted to probate, after proof in solemn form, the will of said J. W. Wells, propounded by John O. Brock, executor. So much of the charge to jury as has any bearing upon the points raised by the appeal, was as follows: Gentlemen of the jury: The case which you are now to consider is embraced in the issues which I have just asked the counsel to prepare for your…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice MoIver.
The will of John W. Wells, dated 2d January, 1875, having been admitted to probate in common form, on the 8th of February, 1890, by the judge of probate, the appellants, as heirs at law of said John W. Wells, demanded that the will be proved in solemn form. Accordingly, on the 20th of November, 1890, after hearing the testir mony, the judge of probate rendered his decree in favor of the validity of the will. From this decree an appeal was taken by the said heirs to the Court of Common Pleas, and the case came on to be heard…
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