Legal Opinion

Ray v. . Ray

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 7 opinions

This was an issue of devisavit vel non, tried before Graves, Judge, at Spring Term, 1887, of Buncombe Superior Court. There was a verdict, and judgment in accordance therewith, for the caveators, from which the propounder appealed. The facts are stated in the opinion.

1Opinion of the CourtSmith, C. J.

Upon the propounding of the script which purports to be the will, with a codicil thereto, of William Ray, deceased, before the clerk for probate, as such, by Nathan B. Ray, one of the executors therein named, the co-executor, Nathan Henderson, declining the trust, a caveat was entered by certain of the heirs-at-law and next of kin, and an issue framed and sent to the Superior Court of Yancey, for trial at term time, in these words: “ Is the paper writing offered the will of William Ray, deceased, or any part of it?”

Upon affidavit of a caveator, the cause was removed from Yancey to Buncombe…

2Cited by7 opinions

  1. State v. . SmoakSupreme Court of North Carolina · 1938
  2. In Re Will of Amelia EverettSupreme Court of North Carolina · 1910
  3. Hall v. RankinSupreme Court of Iowa · 1893
  4. State v. SmoakSupreme Court of North Carolina · 1938
  5. Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897

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