In Re Bailey
Supreme Court of North Carolina
Appeal by propounders from Daniels, J., at October Term, 1917, of Nash. Devisavit vel non.- William Bailey offered a paper-writing purporting to be tbe last will and testament of Ellen Bailey, dated 26 March, 1914. This was caveated by Cora Wilson, who offered a paper-writing also purporting to be the last will and testament of Ellen Bailey,' dated 10 May, 1915. This was caveated by William Bailey. The other heirs at law were made parties.
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Appeal by propounders from Daniels, J., at October Term, 1917, of Nash. Devisavit vel non.- William Bailey offered a paper-writing purporting to be tbe last will and testament of Ellen Bailey, dated 26 March, 1914. This was caveated by Cora Wilson, who offered a paper-writing also purporting to be the last will and testament of Ellen Bailey,' dated 10 May, 1915. This was caveated by William Bailey. The other heirs at law were made parties. By consent, the following issues were jointly submitted : “1. Is the paper-writing bearing the date 26 March, 1914, offered by the propounder, William…
1Opinion of the CourtCiase, C. J.
Tbere^ were no assignments of error filed by Cora Wilson, as required by rules 19 (2) and 21, 174 N. C., 832, 833; Lee v. Baird, 146 N. C., 361, and numerous cases since. Also, there was no brief filed for her, in tbe time required by rule 34, and tbe motion by appellee to affirm tbe judgment as to her is allowed.
In tbe appeal of William Bailey, tbe first assignment of error is tbe admission of tbe declarations to tbe witness Woodruff by Ellen Bailey that tbe paper-writing of 26 March, 1914, was a forgery, and she bad never signed tbe same. It purported to be executed by making her mark, and…
2Cases cited3 opinions
- Lee v. . BairdSupreme Court of North Carolina · 1907
- Kenney v. Seaboabd Air Line Railway Co.Supreme Court of North Carolina · 1914
- Owenby v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1914
3Cited by12 opinions
- In Re Will of HallSupreme Court of North Carolina · 1960
- In Re Creger's EstateSupreme Court of Oklahoma · 1929
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
- Rea v. PursleySupreme Court of Georgia · 1930
- In Re the Will of BallSupreme Court of North Carolina · 1945
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