Bottoms v. . Kent
Supreme Court of North Carolina
Issue devisavit vel non, tried before his Honor, Judge Caldwell, at the Spring Term, 1855, of Johnson Superior Court. The script in question was offered for probate, as the last will and testament of one Mourning Kent, by Brittan II.
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Issue devisavit vel non, tried before his Honor, Judge Caldwell, at the Spring Term, 1855, of Johnson Superior Court. The script in question was offered for probate, as the last will and testament of one Mourning Kent, by Brittan II. Bottoms, her son-in-law, who is named therein as executor, and who, with his wife and children, are the universal legatees therein . The probate was opposed by Raiford Kent, on the ground, that the execution of the script was procured by threats of violence made by the propounder, and several witnesses were examined, whose testimony tended to show that fact. The…
1Opinion of the CourtPearson, J.
This question is presented: upon an issue devisavit vel non, there is evidence tending to show that the propounder had procured the execution of the script, by threats of violence ; ought he to be allowed to prove that “he was a man of easy, quiet temper, and facile disposition, and therefore, not likely to exercise, or attempt the exercise of, the influence charged ?” And taking the question broadly, ought the caveator to be allowed to prove that the propounder is a man of violent temper, and therefore, likely to make threats ?
In an action for seduction, the defendant offered to prove that “…
Also in this document: Per curiam.
2Cited by11 opinions
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- State v. ByrdSupreme Court of North Carolina · 1897
- State v. RawleySupreme Court of North Carolina · 1953
- Cheek v. Lumber Co.Supreme Court of North Carolina · 1904
- Simmons v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1917
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