Legal Opinion
In Re the Will of Cox
Supreme Court of North Carolina
Decided February 3, 1961No. 607PublishedCited by 14 opinions
1Opinion of the CourtDeNNY, J.
A caveat is an in rem proceeding. G.S. 31-32. It is an attack upon the validity of the instrument purporting to be a will. The wall and not the property devised is the res involved in the litigation. Whitehurst v. Abbott, 225 N.C. 1, 33 S.E. 2d 129.
In Mills v. Mills, 195 N.C. 595, 143 S.E. 130, the will involved was probated in common form and thereafter caveated and the issue of devisavit vel non was answered in the affirmative. The Court entered judgment ordering the will admitted to probate in solemn form. In this case, citation was issued to the three executors of the will, w'ho were…
2Cases cited19 opinions
- City of Monroe v. NivenSupreme Court of North Carolina · 1942
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Craddock v. . BrinkleySupreme Court of North Carolina · 1919
- Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Baxter v. JonesSupreme Court of North Carolina · 1973
- In Re the Will of DurhamCourt of Appeals of North Carolina · 2010
- In Re the Will of MasonCourt of Appeals of North Carolina · 2005
- In Re Estate of HimmelfarbDistrict of Columbia Court of Appeals · 1975
- In re the Est. of James Junior PhillipsCourt of Appeals of North Carolina · 2016
9 more not listed; retrieve them via the Exa API.