Cornelius v. . Cornelius
Supreme Court of North Carolina
This was an issue of devisavit vel non, tried before Osborne, J., at the last Spring Term of Catawba Superior Court. As tliere is no point of law arising on tbe exceptions made on the question, whether there was any evidence as to undue influence and as to the testamentary capacity, it is not deemed expedient to state them at large. The main question, debated in this Court, was, as to the conformity of the attestation to the requirements of tbe statute.
Read the full summary
This was an issue of devisavit vel non, tried before Osborne, J., at the last Spring Term of Catawba Superior Court. As tliere is no point of law arising on tbe exceptions made on the question, whether there was any evidence as to undue influence and as to the testamentary capacity, it is not deemed expedient to state them at large. The main question, debated in this Court, was, as to the conformity of the attestation to the requirements of tbe statute. Tiie two subscribing witnesses, Messrs. Little and Ba/rolay, and the attending physician, Dr. Mott, gave substantially the same account of…
1Opinion of the CourtManly, J.
We have examined the testimony carefully in this case, and concur with the court below, in the conclusion, that there was no evidence of undue influence.
The cáse was properly left to the jury, upon the question of capacity. They were charged, that.the capacity necessary was “ to understand the nature of the act in which the testator was engaged, and its full extents and effects;” of this the appellant has no right to complain. It is equally clear, that the special importance attributed by the Judge to the testimony of the attending physician and .the subscribing witnesses, is entirely…
2Cited by16 opinions
- In Re Will of CravenSupreme Court of North Carolina · 1915
- Coody v. CoodySupreme Court of Oklahoma · 1913
- Cameron v. . Power Co.Supreme Court of North Carolina · 1905
- In Re Will of FullerSupreme Court of North Carolina · 1925
- Burney v. . AllenSupreme Court of North Carolina · 1899
11 more not listed; retrieve them via the Exa API.