Sawyer v. Sawyer's heirs
Supreme Court of North Carolina
This was an issue of devisavit vel non, tried before Saunders, J., at Spring Term, 1859, of Camden Superior Court. On the trial, the propounders proved by three credible witnesses, that the paper-writing offered for probate, and every part thereof, was in the hand-writing of the decedent, S. W. Sawyer, as well as the signature thereto, and was found, after his death, among his valuable papers and effects.
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This was an issue of devisavit vel non, tried before Saunders, J., at Spring Term, 1859, of Camden Superior Court. On the trial, the propounders proved by three credible witnesses, that the paper-writing offered for probate, and every part thereof, was in the hand-writing of the decedent, S. W. Sawyer, as well as the signature thereto, and was found, after his death, among his valuable papers and effects. The paper-writing bore date, November 6th, 1853, at which time the decedent was unmarried, and he was married to his last wife, who survived him, in 1854. In order to prove a republication,…
1Opinion of the CourtPearson, C. J.
The ground on which his Honor based the *136instruction “should the jury be of opinion, from the declarations of the deceased, that it was his intention that the paper-writing should stand and operate as his will, notwithstanding his marriage, they should find in favor of the propounders,” is not set forth distinctly. It must have been, either because the intention, thus inferred from the declarations, prevented his marriage from having the effect of a revocation ; or, because the will, although revoked by the marriage, was republished, or, more properly speaking, revived by the force of such…
2Cited by5 opinions
- In Re Estate of StolteIllinois Supreme Court · 1967
- In Re the Will of CoffieldSupreme Court of North Carolina · 1939
- In Re the Will of TennerSupreme Court of North Carolina · 1958
- Foy v. County Commission of Berkeley CountyWest Virginia Supreme Court · 1994
- Estate of Fay, Superior Court of California, County of San Francisco1902