Eure v. . Pittman
Supreme Court of North Carolina
} From Halifax. The plaintiffs offered for probate a paper writing as the last will and testament of Edward Crowell, deceased; there was a caveat in the County Court, and after trial there, it was carried by appeal to the Superior Court.
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} From Halifax. The plaintiffs offered for probate a paper writing as the last will and testament of Edward Crowell, deceased; there was a caveat in the County Court, and after trial there, it was carried by appeal to the Superior Court. The wife of the legatee named in the ¡taper (Thomas W. Crowell, son of Edward,) is now one of the plaintiffs, having since the death of her first husband married Eure; the defendant is the other child of Edward Crowell, who, at her father’s death, was the wife of one Pittman. The writing offered was proved to be in the hand writing of Edward Crowell, all and…
1Opinion of the Court
Taylor, Chief Justice.
There is no proof that the Second will was ever in the plaintiff’s possession, and therefore a notice to produce it would be totally unnecessary; but there is evidence that the will was placed by the testator in the hands of Rebecca Tillery, since which period it has been traced no farther. Now the ground upon which the defendant offers proof of the execution of the will, is the charge of suppression against the plaintiff, or those under whom she claims. It appeal’s to me, that this fact should be first established by the best evidence the nature of the case admits of,…
2Cases cited1 opinion
- Jackson ex dem. Bush v. HasbrouckNew York Supreme Court · 1815
3Cited by2 opinions
- Byrd v. . CollinsSupreme Court of North Carolina · 1912
- Hinton v. . MooreSupreme Court of North Carolina · 1905