Richards v. Tolbert

Gunter, Justice.

Appellant has come here for review of an adverse summary judgment in a will-probate case. Appellant filed a caveat to a will sought to be probated in solemn form in the court of ordinary. The ordinary rendered a judgment probating the will, the appellant then went to superior court, and a summary judgment was rendered there in favor of the appellee.

The appellant’s caveat was: "The purported will is dated more than fifty-seven years ago, and is a fraud and a forgery in that the said purported will was written and manufactured since the death of Rufus Newton Spence.”

After a…