Linebarger v. Linebarger.
Supreme Court of North Carolina
PROCEEDINGS by Caroline Linebarger and others against H. D. Linebarger and others, heard by Judge Henry R. Bryan and a jury, at the July Term, 1906, of the Superior Court of Catawba. . Propounders, appearing in the record as plaintiffs, offered for probate a paper-writing purporting to be the last will and testament of Ered. H. Linebarger, deceased.
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PROCEEDINGS by Caroline Linebarger and others against H. D. Linebarger and others, heard by Judge Henry R. Bryan and a jury, at the July Term, 1906, of the Superior Court of Catawba. . Propounders, appearing in the record as plaintiffs, offered for probate a paper-writing purporting to be the last will and testament of Ered. H. Linebarger, deceased. Caveators, appearing as defendants, filed a caveat averring that said paper-writing was not the last will and testament of said Ered. H. Linebarger, for that “It was obtained by the undue influence of Caroline Linebarger, Hosea Linebarger, Marvin…
1Opinion of the Court
Connor, L,
after stating the case: Propounders proved the execution of the alleged will by the subscribing witnesses thereto and that at the time thereof the alleged testator was of sound mind, etc., and read the same. By the provisions of said papei’-writing the alleged testator gave his entire estate, both real and personal, except several pecuniary legacies, to his wife, Caroline Linebarger, for life, remainder to two of his sons, being the youngest, Hosea and Marvin Linebarger. He gave to six of his children twenty dollars each, to one child fifteen dollars, to two sons forty dollars each,…
2Cases cited13 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Foster v. DearbornSupreme Court of Minnesota · 1892
- Gore v. . TownsendSupreme Court of North Carolina · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re HintonSupreme Court of North Carolina · 1920
- In Re Will of HallSupreme Court of North Carolina · 1960
- In Re Will of ChismanSupreme Court of North Carolina · 1918
- Helsabeck v. . DoubSupreme Court of North Carolina · 1914
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
22 more not listed; retrieve them via the Exa API.