Legal Opinion

Little v. . Lockman

Supreme Court of North Carolina

Decided August 5, 1857PublishedCited by 6 opinions

This was an issue devisavit vel non, tried before Bailey, J., at a Special Term, June 1857, of Lincoln Superior Court. The script, in question, was 'propounded as the holograph will of William Little, and it was proved by three witnesses, to be in the hand-writing of the decedent.

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This was an issue devisavit vel non, tried before Bailey, J., at a Special Term, June 1857, of Lincoln Superior Court. The script, in question, was 'propounded as the holograph will of William Little, and it was proved by three witnesses, to be in the hand-writing of the decedent. It was proved that the paper-writing in question, was found, shortly after the death of Mr. Little, in the drawer of a bureau belonging to him, in which were also found several other paper-writings, all in the hand of the decedent, purporting to be testamentary dispositions of his property, some of which were…

1Opinion of the CourtBattle, J.

There is one ground upon which the judgment below must be affirpied, which makes it altogether unnecessary for us to consider any other. A holograph script, do be good as a will, must “ be found among the valuable papers or effects” of the deceased, or must “ have been lodged in the hands of some person for safe-keeping.” 1 Rev. Stat. 122, sec. 1. (In the Rev. Code, ch. 119, sec. 1, which, however, does not apply to this case, the holograph script must “ be found among the valuable papers and effects” of the dec’d). It is not pretended, in this case, that the script was ever deposited with…

2Cited by6 opinions

  1. In re Will of JenkinsSupreme Court of North Carolina · 1911
  2. In Re Sheppard's WillSupreme Court of North Carolina · 1901
  3. In Re Will of GroceSupreme Court of North Carolina · 1928
  4. In Re Will of GilkeySupreme Court of North Carolina · 1962
  5. In Re Jenkins v. .Supreme Court of North Carolina · 1911

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