Winstead v. . Bowman
Supreme Court of North Carolina
Devisavit vel non, tried at the Fall Term, 1872, of the Superior Court of Guilfobd county, before Tourgee, J. The script propounded in the Probate Court, was, by the plaintiffs, alleged to be the last will and testament of one Andrew D. Lindsay, and to he altogether in his handwriting. The questions arising upon the trial in the Court, the issues submitted to the jury, and the evidence introduced on the trial, are fully set out in the opinion of the Court.
Read the full summary
Devisavit vel non, tried at the Fall Term, 1872, of the Superior Court of Guilfobd county, before Tourgee, J. The script propounded in the Probate Court, was, by the plaintiffs, alleged to be the last will and testament of one Andrew D. Lindsay, and to he altogether in his handwriting. The questions arising upon the trial in the Court, the issues submitted to the jury, and the evidence introduced on the trial, are fully set out in the opinion of the Court. The jury, upon the issues made up and submitted to them, having found, that the script propounded was in the handwriting of A. D. Lindsay,…
1Opinion of the CourtRodman, J.
This was an issue upon a writing propounded as the will of Andrew Lindsay. It was admitted on the trial to be entirely in his handwriting. It was not subscribed, but his name was written in the first part of the writing, which declared-it to be his will.
Three issues were submitted to a jury:
1. Was the paper writing, &c., found among the valuable papers and effects of the deceased at his death ?
2. Is it in his handwriting ? (This was admitted.)
3. Did the alleged testator intend the script propounded to be his last will and testament?
The jury under the instruction of the Judge, found “that the…
2Cited by16 opinions
- In Re WestfeldtSupreme Court of North Carolina · 1924
- In re Will of JenkinsSupreme Court of North Carolina · 1911
- In re Last Will & Testament of WestfeldtSupreme Court of North Carolina · 1924
- In Re Sheppard's WillSupreme Court of North Carolina · 1901
- Dulin v. . DulinSupreme Court of North Carolina · 1929
11 more not listed; retrieve them via the Exa API.