Legal Opinion

Scoggins v. . Turner

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 9 opinions

. This was an issue of devisavit vel non, tried before Philips, Judge, at Spring Term, 1887, of Durham Superior Court. There was a verdict and judgment in favor of the defendants, establishing the lost will of October, 1886, from which plaintiffs appealed. The facts are fully stated in the opinion.

1Opinion of the CourtSmith, C. J.

Two scripts, each purporting to be the last will of Dicey Crabtree, both executed with the formalities prescribed by law, one on January 18th, 1876, the other on October 1st, 1886, a copy of an original alleged to be missing and lost, or destroyed, were exhibited before the clerk for probate at the same time, and thereupon an issue of de-visavit vel non as to each was framed, and the cause removed to the Superior Court of Durham for trial. The propound-ers of the last script, Rebecca A. Turner, a daughter, and Antonia Medlin, a granddaughter of the deceased, are the devisees to whom the land…

2Cited by9 opinions

  1. In Re the Will of WallSupreme Court of North Carolina · 1943
  2. Jackson v. HewlettSupreme Court of Virginia · 1913
  3. Matter of Estate of HartmanMontana Supreme Court · 1977
  4. State v. . MyrickSupreme Court of North Carolina · 1932
  5. Barnes v. BrownleeSupreme Court of Kansas · 1916

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