In Re Davis' Will
Supreme Court of North Carolina
PROCEEDING for the probate of a certain paper writing purporting to be the will of Sutton Davis and Henrietta Davis, his wife, heard before the Clerk of the Superior Court of Beaueort County, who refused to admit the instrument to probate, either as the joint will of the two or as the separate will of Sutton Davis, who had died. On appeal, His Honor, Timberlake, J., at ChaMbers, affirmed the judgment of the Clerk, and Thad.
Read the full summary
PROCEEDING for the probate of a certain paper writing purporting to be the will of Sutton Davis and Henrietta Davis, his wife, heard before the Clerk of the Superior Court of Beaueort County, who refused to admit the instrument to probate, either as the joint will of the two or as the separate will of Sutton Davis, who had died. On appeal, His Honor, Timberlake, J., at ChaMbers, affirmed the judgment of the Clerk, and Thad. R.'Hodges, the person named in'the instrument as'executor, appealed.
1Opinion of the Court
■Faircloth, C. J.:
On July 2.7, 1893, Sutton. Dávis and wife, Henrietta Davis, jointly executed an instrument of writing, regular in all respects, purporting to be their last will and testament, giving several tracts of land to Fanny Roberson and others and their heirs and assigns. On July 15, 1896, Sutton Davis died, Henrietta is still living.
The executor named in the vs ill offered to prove the paper writing as the joint will of the signers, also to prove it as the separate will of Sutton Davis, and to qualify as executor. The clerk refused the motion, and on appeal His Honor affirmed the…
2Cases cited2 opinions
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Evans v. SmithSupreme Court of Georgia · 1859
3Cited by20 opinions
- Baker v. SyfrittSupreme Court of Iowa · 1910
- Poore v. . PooreSupreme Court of North Carolina · 1931
- Godwin v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1963
- Deseumeur v. RondelNew Jersey Court of Chancery · 1909
- Williams v. WilliamsSupreme Court of Virginia · 1918
15 more not listed; retrieve them via the Exa API.