Legal Opinion · Dissent

In Re Will of Staub

Supreme Court of North Carolina

Decided October 4, 1916PublishedCited by 13 opinions

Appeal by propounders from Whe.dbee, J., at May Term, 1916, of CRAVEN.

1DissentBrown, J.

The caveat was filed upon the ground of insufficient mental capacity and undue influence. The issue as to undue influence was not answered by the jury an the appeal depends solely on the finding that the deceased did not have mental capacity to make a will. The first six exceptions are to testimony brought out upon cross-examination of the witnesses for the propounders, and cannot be sustained.

The first exception is because the witness who had testified favorably as to the mental condition of the deceased was asked as to contradictory statements made by himself prior to the trial. This was…

2Cases cited1 opinion

  1. Clary's Administrators v. ClarySupreme Court of North Carolina · 1841

3Cited by13 opinions

  1. In Re the Will of BrownSupreme Court of North Carolina · 1927
  2. Estate of BrownIdaho Supreme Court · 1932
  3. In Re Will of ReddingSupreme Court of North Carolina · 1939
  4. In Re the Will of FranksSupreme Court of North Carolina · 1949
  5. In Re the Will of YorkSupreme Court of North Carolina · 1949

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