Spencer v. . Spencer
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., at May Term,. 1913, of Beaueort. ' Tbe action is brought to recover one-sixth of an insurance policy for $5,000, payable to a copartnership known as Spencer Brothers of Washington, North Carolina, composed of George A. and Jones Spencer. At one time the plaintiff owned a one-sixth interest in said copartnership. Defendants answered, denying .the ownership of plaintiff in said policy, or any part of it.
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Appeal by plaintiff from Whedbee, J., at May Term,. 1913, of Beaueort. ' Tbe action is brought to recover one-sixth of an insurance policy for $5,000, payable to a copartnership known as Spencer Brothers of Washington, North Carolina, composed of George A. and Jones Spencer. At one time the plaintiff owned a one-sixth interest in said copartnership. Defendants answered, denying .the ownership of plaintiff in said policy, or any part of it. Plaintiff offered the following evidence: Copy of the policy of insurance referred to in the pleadings. Plaintiff offered section 4 of the answer of O- A.…
1Opinion of the CourtBkowN, J.
The plaintiff claims title to a portion of the insurance money by. virtue' of the alleged codicil to the will of Jones Spencer. The record contains no evidence that the letter offered as a codicil was ever duly probated in any court having jurisdiction, and if it was so probated, it is -admitted in the record that it was done some time after the probate of the will, and without any notice to the executrix.
Revisal, sec. 3123, provides: “If no executor apply to have the will proved within sixty days after the death of the testator,’ any devisee or legatee named in the will, or any other person…
2Cases cited2 opinions
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- Jones v. . JonesSupreme Court of North Carolina · 1841
3Cited by20 opinions
- Whitten v. PeaceSupreme Court of North Carolina · 1924
- McEwan v. BrownSupreme Court of North Carolina · 1918
- In Re BennettSupreme Court of North Carolina · 1920
- In Re Will of HarrisonSupreme Court of North Carolina · 1922
- In Re Will of SmithSupreme Court of North Carolina · 1940
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