Doe on Dem of McConnell v. McConnell
Supreme Court of North Carolina
Ejectment, tried before French, J., at Spring Term 1861 of the Superior Court of Ibedell. The plaintiff made title through a paper-writing, purporting to he the will of one John McConnell, which had been admitted to probate at February Term 1810, of the Court of Pleas and Quarter Sessions of Iredell County.
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Ejectment, tried before French, J., at Spring Term 1861 of the Superior Court of Ibedell. The plaintiff made title through a paper-writing, purporting to he the will of one John McConnell, which had been admitted to probate at February Term 1810, of the Court of Pleas and Quarter Sessions of Iredell County. The entry of probate, upon the record oí that term, is : “ Tuesday February 20th 1810; Present, James Crawford,. Joseph Gray, A. Torrence, M. Matthews and George Nobison, Esquires. Last will of John McConnell, proven by Andrew Hart, Letters issued to Jane McConnell, and qualified.” The…
1Opinion of the CourtRodm'AN, J.
The precise question here presented has never been decided in this State that we are aware of. It has been held that a writing, purporting to be a will of lands, which has but one subscribing witness, and which has never been proved as a will, is not color of title: Callender v. Sherman, 5 Ire. 711: and so of a copy of such a writing taken horn the book of records of wills in a county: Sutton v. Westcott, 3 Jon. 283. Those cases obviously differ from this, as here the writing was proved as a will. The difficulty is, that in 1810 a will of personalty was good if attested by one witness,…
2Cited by21 opinions
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- Seals v. SealsSupreme Court of North Carolina · 1914
- Norwood v. . TottenSupreme Court of North Carolina · 1914
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