In Re Will of McKay
Supreme Court of North Carolina
Appeal by propounders from Grammer, J., at July Term, 1921, of Lee. Issue of devisavit vel non raised by a caveat to the will of Susan McKay. Alleged mental incapacity and undue influence are the grounds upon which the ¡«caveat is based. The jury returned the following verdict: "Is the paper-writing propounded, and every part and clause thereof, the last will and testament of Susan E. McKay? Answer: No.’”
1Opinion of the CourtStacy, J.
There are two fatal errors, appearing on the record, which entitle the propounders to a new trial or to a venire de novo.
John. Yarborough, one of the caveators, was allowed to testify, over objection; to an alleged conversation which he had had with M. M. Draughan in regard to the mental capacity of the testatrix.. This con versation is alleged to baye taken place during tbe lifetime of tbe deceased, and was offered as an admission or declaration against interest— tbe said Draugban later baying qualified as executor of tbe will, tbougb not named as a beneficiary therein. Up to tbis time tbe…
2Cases cited12 opinions
- Church v. . HowardNew York Court of Appeals · 1880
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
- State v. TraylorSupreme Court of North Carolina · 1897
- Belding v. ArcherSupreme Court of North Carolina · 1902
- Norris v. Stewart's HeirsSupreme Court of North Carolina · 1890
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3Cited by9 opinions
- State v. BridgersSupreme Court of North Carolina · 1951
- State v. . NanceSupreme Court of North Carolina · 1928
- Ingle v. Roy Stone Transfer CorporationSupreme Court of North Carolina · 1967
- State v. . ColsonSupreme Court of North Carolina · 1927
- State v. . MooreSupreme Court of North Carolina · 1923
4 more not listed; retrieve them via the Exa API.