Kennedy v. Douglas
Supreme Court of North Carolina
Appeal from Lyon, J., August Term, 1909, of BkuNswick: This proceeding was instituted before the clerk for probate in solemn form of the nuncupative will of Susan Thomas Kennedy. On appeal,' his Honor, at the close of the propounder’s evidence, held that the evidence was not sufficient in law to establish a nuncupative will, and entered judgment that it was not entitled to be probated and recorded. Appeal by propounder.
1Opinion of the CourtClark, C. J.
The facts, as condensed from the record, are: The deceased, with the intention ef making a written will, dictated instructions to her friend, Minnie I. Knox, some nine months before her death, and Minnie I. Khox made written notes as to the disposition which the deceased desired to make of her property. Such instructions were delivered some two or three months later, at the request of the deceased, to Robert, *338Ruark, an. attorney, with the request that he should prepare a form of written will, embodying the wishes of the deceased, as set forth in the said notes. The said attorney did prepare a…
2Cases cited4 opinions
- Newman v. . BostSupreme Court of North Carolina · 1898
- In re Estate of GrossmanIllinois Supreme Court · 1898
- Donald v. UngerMississippi Supreme Court · 1897
- Knox v. RichardsSupreme Court of Georgia · 1900
3Cited by3 opinions
- Estate of TaylorArizona Supreme Court · 1940
- In re the Will of KrantzCourt of Appeals of North Carolina · 1999
- Lee v. BarrowMississippi Supreme Court · 1930