Legal Opinion

Love v. . Johnston

Supreme Court of North Carolina

Decided August 5, 1851Published

Appeal from the Superior Court of Law of McDowell county, Spring Term, 1850, Judge Caldwell presiding. This is an issue of Devisavit vel non, to try the validity of a script, bearing date May 13, 1842, offered for probate as the will of Robert Love, deceased. James P. Love, Dillard Love, John B. Love, William Welch, Dorcas Henry, and Robert Love were parties to the issue, as propounders.

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Appeal from the Superior Court of Law of McDowell county, Spring Term, 1850, Judge Caldwell presiding. This is an issue of Devisavit vel non, to try the validity of a script, bearing date May 13, 1842, offered for probate as the will of Robert Love, deceased. James P. Love, Dillard Love, John B. Love, William Welch, Dorcas Henry, and Robert Love were parties to the issue, as propounders. They were all among the heirs at law, and next of kin of the party deceased, and the script contained a devise or legacy to each of them, and the four first-named were nominated as some of the executors…

1Opinion of the Court

The unfinished wills were admissible as evidence to both of the points of capacity and undue influence, as they tended to show intelligence and a settled purpose to make many of the dispositions contained in the script in contest. Minutes for a will are common evidence of capacity and the animustestandi, and letters or verbal declarations containing expressions of preferences for particular persons or importing a voluntary purpose of making particular dispositions are the ordinary means of rebutting the imputation of undue solicitation or influence.

With our mode of trying contests about the…

2Cases cited1 opinion

  1. Enloe v. . SherrillSupreme Court of North Carolina · 1845

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