Simms v. . Simms
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Orange County, at the Spring Term, 1845, his Honor Judge Caldwell presiding. This was an issue of devisavit vel non. A paper writing dated in 1884, was exhibited for probate at the ' < term, 1843, of Orange County Court, as the last will and testament of Herbert Simms, deceased, passing both real and personal estate, to which this caveat was filed, and the issues thereupon made up.
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Appeal from the Superior Court of Law of Orange County, at the Spring Term, 1845, his Honor Judge Caldwell presiding. This was an issue of devisavit vel non. A paper writing dated in 1884, was exhibited for probate at the ' < term, 1843, of Orange County Court, as the last will and testament of Herbert Simms, deceased, passing both real and personal estate, to which this caveat was filed, and the issues thereupon made up. The case was brought by appeal to the Superi- or Court. The paper writing exhibited was proved to be',-in all and every part thereof, in the hand-writing of the deceased, by…
1Opinion of the CourtRuffin, C. J.
The court is of opinion, that it was properly left to the jury to determine, whether the script in this case was deposited by the party deceased among his valuable papers with the intention, that his estate should thereby pass as therein expressed — in other words, as his will. The argument against that position is, that the statute of wills makes a paper, all in the handwriting of the deceased, and with his name subscribed thereto or inserted in some part of it, and found among his valuable papers or effects after his death, a good will.’ So that when those circumstances are established, the…
2Cited by7 opinions
- Spencer v. . SpencerSupreme Court of North Carolina · 1913
- In Re BennettSupreme Court of North Carolina · 1920
- In Re Will of FowlerSupreme Court of North Carolina · 1912
- In Re the Will of PerrySupreme Court of North Carolina · 1927
- In Re Will of GilkeySupreme Court of North Carolina · 1962
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