White v. . Casten and Wife
Supreme Court of North Carolina
This was an issue of devisa vit vel NON, as to a script purporting to be the will of Thomas J. White, propounded by Esther White, his widow, and opposed by James Casten and his wife, tried before his Honor Judge Ellis, at Fall Term, 1858, of Chowan Superior Court.
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This was an issue of devisa vit vel NON, as to a script purporting to be the will of Thomas J. White, propounded by Esther White, his widow, and opposed by James Casten and his wife, tried before his Honor Judge Ellis, at Fall Term, 1858, of Chowan Superior Court. Upon the facts of the case, which are fully set forth in the opinion of this* Court, his Honor below instructed the jury that the acts deposed to amounted to a revocation under the Statute, if done with an intention to revoke. Yordictfor the caveators. Motion for a venire de novo. Motion refused and appeal to this Court.
1Opinion of the CourtNash, C. J.
The question for our consideration arises under the act of the General Assembly concerning the revocation of wills. Rev. Statute, ch. 122, sec. 12. By that “ section, it is provided, “ that no devise in writing, &c., or “ any clause thereof, shall be revocable, otherwise than by “ some other will in writing, or by burning, cancelling, tearing,' or otherwise obliterating the same, &c.” This provision is almost in the exact terms of the Statute of Frauds, in England, passed the 29th of Charles the Second. It was ‘ stated at the bar, in the argument here, that the true construction of the 29th…
2Cited by3 opinions
- Fawcett v. . FawcettSupreme Court of North Carolina · 1926
- In Re Venable's WillSupreme Court of North Carolina · 1900
- In Re Last Will & Testament of LoveSupreme Court of North Carolina · 1923