Howell v. . Barden
Supreme Court of North Carolina
This was an issue of devisavit vel non, as to a \i ill of Benjamin Howell, sen. propounded, by the .plaintiff, which was tried before Mártir, Judge, at Greene, on the last Spring circuit. The plaintiff having made out a prima facie case, the defendants offered to prove declarations of the supposed testator, made after the execution of the proposed will, tending to show that it was obtained by the fraud and undue influence of the principal legatee.
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This was an issue of devisavit vel non, as to a \i ill of Benjamin Howell, sen. propounded, by the .plaintiff, which was tried before Mártir, Judge, at Greene, on the last Spring circuit. The plaintiff having made out a prima facie case, the defendants offered to prove declarations of the supposed testator, made after the execution of the proposed will, tending to show that it was obtained by the fraud and undue influence of the principal legatee. But the presiding judge rejected the testimony. The plaintiff had a verdict, and the defendants appealed. urged that the declarations were not…
1Opinion of the CourtRuffin, Judge
The admissibility of the evidence, rejected in the Superior Court, was, as a general principle at the common law, determined in Reel v. Reel. The discussion in that case was full, and the decision is to be regarded by succeeding judges, not only with respect, but in my opinion, as authoritative. For this reason, I must say I do not consider that question open to dispute.
The stress of the argument for the plaintiff is. however, on the act of 1819, “to prevent frauds in the revo-eation of last wills.” It must appear to every one who reads the opinions in Reel v. Reel, that the judges there…
2Cited by10 opinions
- In Re HintonSupreme Court of North Carolina · 1920
- In Re Will of HallSupreme Court of North Carolina · 1960
- Linebarger v. Linebarger.Supreme Court of North Carolina · 1906
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
- In Re Will of FowlerSupreme Court of North Carolina · 1912
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