Sawyer v. Heirs & Distributees of Dozier
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Camden County, at the Fall Term, 1843, his Honor Judge Baxley presiding. The case was as follows: In the County Court of Camden, Haywood S. Bell propounded a script as the last will and tes-lament of Margaret Dozier, deceased, in which he was nominate(j executor. It purports to devise both real and personal estate to Edmund D. Sawyer, and is duly attested by two competent witnesses.
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Appeal from the Superior Court of Law of Camden County, at the Fall Term, 1843, his Honor Judge Baxley presiding. The case was as follows: In the County Court of Camden, Haywood S. Bell propounded a script as the last will and tes-lament of Margaret Dozier, deceased, in which he was nominate(j executor. It purports to devise both real and personal estate to Edmund D. Sawyer, and is duly attested by two competent witnesses. The heirs and next of kin of the party deceased contested the probatd, and an issue of devisavit v'el non was made up under the direction of the court. On the trial the…
1Opinion of the CourtRuffin, C. J.
If the acts of the Superior Court, on which Bell’s competency,as a witness depends, had been those of the County Court, it would hardly be a question, that he was effectually discharged from both his office and the cause, so as to be admissible as a witness. The proceeding is in rem, and the object of the court of probate eyey is, .to ,haye .all parties in interest .cited to see proceedings. When .cited, .they may either stand by passively, or fake an,active pa.rt.an either side, according .to their interest or inclination. Thus, every party in interest may become a party in the .cause at any…
2Cited by6 opinions
- Brissie v. CraigSupreme Court of North Carolina · 1950
- Bailey v. . McLainSupreme Court of North Carolina · 1939
- Ritchie v. . McAuslinSuperior Court of North Carolina · 1795
- Bailey v. . McLainSupreme Court of North Carolina · 1939
- Harper v. . GraySupreme Court of North Carolina · 1816
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