Vester v. . Collins
Supreme Court of North Carolina
This is an issue devisavit vel NON, tried before Avery, at Spring Term, 1888,’ of the Superior Court of Nash County. The issue was found in favor of the propounders, and from the judgment thereon declaring the will duly executed and ordering it to be recorded, the caveator appealed.
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This is an issue devisavit vel NON, tried before Avery, at Spring Term, 1888,’ of the Superior Court of Nash County. The issue was found in favor of the propounders, and from the judgment thereon declaring the will duly executed and ordering it to be recorded, the caveator appealed. A paper writing or script purporting to be the last will of Calvin Collins, bearing date September 24th, 1859, and in form to pass his estate, was, after his death and in the month of March, 1S85, exhibited in the Probate Court by his widow Nancy Collins, nominated sole executrix, and to whom his estate was given,…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) The present statute unlike that in force under the Revised Statutes, which invalidated the will unless it was attested by at least “ two witnesses no one of whom shall be interested in the devise of the lands ” as a means of transmitting the title therein to the devisees, in such case, applying to wills of both real and personal estate, avoids only the devise or bequest to such attesting witness and to his and her wife and husband and privies, and leaves the other dispositions made of the testator’s property in unimpaired force and operation. The Code,…
2Cases cited4 opinions
- Tredwell v. . GrahamSupreme Court of North Carolina · 1883
- Halyburton v. DobsonSupreme Court of North Carolina · 1871
- Pepper v. . BroughtonSupreme Court of North Carolina · 1879
- Gilmer, Exec'r v. . McNairySupreme Court of North Carolina · 1873
3Cited by9 opinions
- Estate of JohnsonWisconsin Supreme Court · 1920
- McEwan v. BrownSupreme Court of North Carolina · 1918
- Cornelius v. BrawleySupreme Court of North Carolina · 1891
- Benrud v. AndersonSupreme Court of Minnesota · 1919
- McEwan v. . BrownSupreme Court of North Carolina · 1918
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