In Re Isley's Will

Several times in the charge the judge referred to the paper writing as the “alleged will.” Propounder insists this was prejudicial error and amounted to an expression of opinion that it was not in fact a valid will. We do not agree. The propounder’s contention arises from a misinterpretation of the following statement from In re Broach’s Will, 172 N.C. 520, 90 S.E. 681; “The formal execution (of the paper writing) having been formally proven, it was prima facie the will of the deceased, and the caveators were called on to put on evidence to impeach it.” This means that, when in caveat…