In Re Will of Fowler
Supreme Court of North Carolina
Appeal from Peebles, J., at November Term, 1911, of HaR-NETT. This is a caveat filed to the will of J. M. Fowler, and was before the Court in a former appeal, 156 N. C., 340. The real question in the ease is, whether the execution of the will was procured by fraud of undue influence.
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Appeal from Peebles, J., at November Term, 1911, of HaR-NETT. This is a caveat filed to the will of J. M. Fowler, and was before the Court in a former appeal, 156 N. C., 340. The real question in the ease is, whether the execution of the will was procured by fraud of undue influence. The court submitted two issues, which, with the answers thereto, are as follows: 1. Is the paper-writing here offered, and every part thereof, the last will and testament of James M. Fowler, deceased? Answer : Yes. 2. If the paper-writing was the last will and testament of J. M. Fowler, was it obtained by undue…
1Opinion of the CourtWalker, J.
The ruling of the court by which the testimony of Rena Jackson was excluded was erroneous. Her interests will be adversely affected by the result of this proceeding if the will is set aside. She testified against her own interest, and in the case of In re Worth’s Will, 129 N. C., 223, it was held that by reason thereof she is not disqualified by Revisal, sec. 163 (Code, sec. 590), to testify, as the prohibition of the statute only extends to -those eases in which the witness testifies in her own behalf or interest, which clause was not in the original section 343 of the Code of Civil…
2Cases cited10 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- McLeary v. . NormentSupreme Court of North Carolina · 1881
- Linebarger v. Linebarger.Supreme Court of North Carolina · 1906
- McRae v. . MalloySupreme Court of North Carolina · 1885
- In Re Worth's WillSupreme Court of North Carolina · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Will of HallSupreme Court of North Carolina · 1960
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
- In Re the Will of BallSupreme Court of North Carolina · 1945
- Sanderson v. PaulSupreme Court of North Carolina · 1952
- In Re the Purported Last Will & Testament of BarnesCourt of Appeals of North Carolina · 2003
6 more not listed; retrieve them via the Exa API.