Armstrong v. . Baker
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Edgecombe County, at the Fall Term, 1848, his Honor Judge Dick presiding. This is an application to call in the probate of a script as the will of David G. Baker, deceased, which was granted to Moses Baker as the executor. The deceased died in September, 1S44, leaving a widow, Catharine, and their four infant children.
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Appeal from the Superior Court of Law of Edgecombe County, at the Fall Term, 1848, his Honor Judge Dick presiding. This is an application to call in the probate of a script as the will of David G. Baker, deceased, which was granted to Moses Baker as the executor. The deceased died in September, 1S44, leaving a widow, Catharine, and their four infant children. There is no copy of the instrument in the proceedings ; but it appears from the all-legations, that it was executed in the last illness of the deceased, and shortly before his death, and that it was attested by two witnesses : that by…
1Opinion of the CourtRuffin, C. J.
Armstrong and wife took no proofs. The executor examined several witnesses ; but it is not necessary to state this evidence particularly, or further than to remark generally, that it substantially sustains the case made in the executor’s allegation. The Court, however,-deems the original allegation so essentially defective, fhat upon its face it ought to have been rejected— taking into consideration the vagueness of the terms in which the compromise is spoken of in it and the total failure of proof on the point. The whole force of the allegation consists in the fact, that probate was granted…
2Cited by6 opinions
- Bailey v. . McLainSupreme Court of North Carolina · 1939
- In Re Will of ThompsonSupreme Court of North Carolina · 1919
- In Re Will of SmithSupreme Court of North Carolina · 1940
- In Re Will of BeauchampSupreme Court of North Carolina · 1907
- In Re Will of WitheringtonSupreme Court of North Carolina · 1923
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