Hyman v. . Gaskins
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Edgecomb County, at the Fall Term, 1844, his Honor Judge Caldwell presiding. This ,\vas an action on the case brought by .the plaintiff, as the executor of Theophilus Hyman, to which the defendant pleaded, among other pleas, the general issue and nc tinques executor.
Read the full summary
Appeal from the Superior Court of Law of Edgecomb County, at the Fall Term, 1844, his Honor Judge Caldwell presiding. This ,\vas an action on the case brought by .the plaintiff, as the executor of Theophilus Hyman, to which the defendant pleaded, among other pleas, the general issue and nc tinques executor. On the trial it appeared that Theophilus Hyman, testator? fpsicjed in the County of Edgecomb till the year 1839? during which time he made a last will and testament, ¡.ie nameci the plaintiff his executor, and deposited it jyith a friend. He then removed to the county of Leon in Florida,…
1Opinion of the Court
Nash, I.
The decision of this case rests, in our opinion, entirely upon the question, whether the letters testamentary, .•granted to the plaintiff by the County Court of Edgeconrb, are entirely void, or merely voidable. If the former, the plaintiff cannot maintain his action; if the latter, he can.
The act of 1789, of our General Assembly, Rev. Stat. ch. 122, sec. 6, provides, “that all wills shall be proved in'the county, where the testator had h¡s usual place of residence at the time t)f his death and, on behalf of the defendant it is urged, that Theopbilus Hyman had no residence in this…
2Cases cited1 opinion
- Smith v. AnkrimSupreme Court of Pennsylvania · 1825
3Cited by11 opinions
- Rackemann v. TaylorMassachusetts Supreme Judicial Court · 1910
- Edwards v. . McLawhornSupreme Court of North Carolina · 1940
- In Re Will of SmithSupreme Court of North Carolina · 1940
- In Matter of Estate of HoldenSupreme Court of Vermont · 1938
- Payne v. PayneCourt of Appeals of Kentucky (pre-1976) · 1931
6 more not listed; retrieve them via the Exa API.