In Re Will of Seymour
Supreme Court of North Carolina
Issue of devisavit vel non, beard before Brock, J., and a jury, at February Term, 1922, of Mooee. Tbe alleged testatrix was married to E. A. Hastings Seymour on 12 July, 1921, and died on 26 September, 1921. On 26 July sbe signed tbe following instrument: Tbis is to certify that I, Mrs. Frederick Augustus Hastings Seymour, née Montie Elizabeth McIntosh, being of sound mind and body, do tbis 26 July, 1921, invest my husband, Frederick Augustus Hastings Seymour, with full…
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Issue of devisavit vel non, beard before Brock, J., and a jury, at February Term, 1922, of Mooee. Tbe alleged testatrix was married to E. A. Hastings Seymour on 12 July, 1921, and died on 26 September, 1921. On 26 July sbe signed tbe following instrument: Tbis is to certify that I, Mrs. Frederick Augustus Hastings Seymour, née Montie Elizabeth McIntosh, being of sound mind and body, do tbis 26 July, 1921, invest my husband, Frederick Augustus Hastings Seymour, with full power of attorney over all moneys, real estate, liberty Bonds, and all other property owned by me at tbis date for tbe…
1Opinion of the CourtAdams, J.
The appeal presents the sole question whether the instrument which was probated in common form is sufficient in law to constitute the maker’s will and testament, for the caveators concede that if his Honor’s instruction was erroneous issues should have been submitted to the jury on the questions of undue influence and the want of mental capacity. It was shown on the trial that the entire paper-writing, excepting the signature of the two witnesses, is in the handwriting of the maker, and that the words “This also constitutes my last will” were inserted some time after the remainder of the…
2Cases cited2 opinions
- Payne v. SaleSupreme Court of North Carolina · 1839
- In Re Will of LedfordSupreme Court of North Carolina · 1918
3Cited by5 opinions
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- Bland v. Branch Banking & Trust Co.Court of Appeals of North Carolina · 2001
- Richardson v. . CheekSupreme Court of North Carolina · 1937
- In Re Last Will & Testament of SoutherlandSupreme Court of North Carolina · 1924
- In re: WorleyCourt of Appeals of North Carolina · 2020