Legal Opinion

In Re Will of Thompson

Supreme Court of North Carolina

Decided November 26, 1919PublishedCited by 19 opinions

Appeal by respondents from Adams, J., at the Fall Term, 1919, of MECKLENBURG. This is a proceeding to caveat a will. J. Alexander Thompson was formerly the owner of the land, purporting to be devised by said will, a part of which, claimed by the caveators, is located in Union County. The said Thompson died in Mecklenburg County in 1836, and as caveators allege, without leaving a will, and thereafter the caveators bought the land in Union County from his heirs.

Read the full summary

Appeal by respondents from Adams, J., at the Fall Term, 1919, of MECKLENBURG. This is a proceeding to caveat a will. J. Alexander Thompson was formerly the owner of the land, purporting to be devised by said will, a part of which, claimed by the caveators, is located in Union County. The said Thompson died in Mecklenburg County in 1836, and as caveators allege, without leaving a will, and thereafter the caveators bought the land in Union County from his heirs. In 1912, seventy-five years after the death of J. Alexander Thompson, a paper-writing purporting to be his will, was produced and was…

1Opinion of the CourtAixeN, J.

After the paper-writing, purporting to be the will of Thompson, was probated in common form in Mecklenburg County, the purchasers from the heirs of Thompson, now the caveators, commenced an action in Union County against those named as devisees in said paper, now the propounders, in which they alleged that the said Thompson did not leave a will, and asked that said paper and the probate thereof be set aside as a cloud on their title. The defendants filed a demurrer to the complaint, and it was held in this Court, upon appeal from a judgment overruling the demurrer, that the action could not…

2Cases cited9 opinions

  1. In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
  2. State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
  3. Watson v. AldersonSupreme Court of Missouri · 1898
  4. McDonald v. WhiteIllinois Supreme Court · 1889
  5. Davies v. LeeteCourt of Appeals of Kentucky · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Bailey v. . McLainSupreme Court of North Carolina · 1939
  2. Edwards v. . WhiteSupreme Court of North Carolina · 1920
  3. In Re Estate of DuffySupreme Court of Iowa · 1940
  4. Sheldone v. MarinoMassachusetts Supreme Judicial Court · 1986
  5. In Re the Will of BelvinSupreme Court of North Carolina · 1964

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API