Wells v. . Odum

Stacy, 0. J.

Is tbe probate of a will in common form competent as evidence of its validity on an issue of devisavit vel non, raised by a caveat filed to said will? The answer is, No. Dickens v. Bonnewell, 168 S. E. (Va.), 610.

Tbe paper-writing in question was offered for probate in common form without citation to those in interest “to see proceedings.” Benjamin v. Teel, 33 N. C., 49; Redmond v. Collins, 15 N. C., 430. This is permissible under our practice, C. S., 4139, et seq., and when thus probated in common form, even though the proceeding be ex parte? such record and probate is made…