Boone v. . Lewis
Supreme Court of North Carolina
Civil ACTION, to recover land, heard before MacRae, J., at January Term, 1889, of Halifax Superior Court. The plaintiffs, other than J. J. Boone, are the heirs-at-law of Hardy Carlisle, who died in 1871. leaving a last will and testament, which was duly proven, in and by which he devised to his wife, who survived him, the land, the subject of this action, for her life, and the remainder thereof in fee to the defendant.
Read the full summary
Civil ACTION, to recover land, heard before MacRae, J., at January Term, 1889, of Halifax Superior Court. The plaintiffs, other than J. J. Boone, are the heirs-at-law of Hardy Carlisle, who died in 1871. leaving a last will and testament, which was duly proven, in and by which he devised to his wife, who survived him, the land, the subject of this action, for her life, and the remainder thereof in fee to the defendant. The life tenant having died, the defendant took and had possession of the land at and before the bringing of this action, and refused to give possession thereof to the…
1Opinion of the CourtMerrimon, J.
The statute (The Code, §2147) provides
that “ if any person shall attest the execution of any will, to whom, or to whose wife or husband, any beneficial devise, estate, interest, legacy, or appointment of or affecting any real or personal estate, shall be thereby given or made, such devise, estate, interest, legacy, or appointment shall, so far only as concerns .such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person, or wife or husband, be void; and such person so attesting shall be admitted to prove the execution of…
2Cases cited1 opinion
- Hampton v. . HardinSupreme Court of North Carolina · 1883
3Cited by5 opinions
- In re Will of DeytonSupreme Court of North Carolina · 1919
- In Re Will of Margaret DeytonSupreme Court of North Carolina · 1919
- Baxter v. Bank of BelleSupreme Court of Missouri · 1937
- In re the Estate of JonesWashington Supreme Court · 1918
- Swanzy v. KolbMississippi Supreme Court · 1908