In Re Will of Smith
Supreme Court of North Carolina
Appeal by caveator, W. A. Smith, from Peebles, J., at June Term, 1913, of Guilford.
1Opinion of the CourtWalker, J.
The caveators in this proceeding alleged that the paper-writing, which had been propounded, was riot the will of W. E. Smith, because at the time of its formal execution he did not have sufficient -mental capacity to execute such an instrument. There was much evidence taken upon the issue joined between the parties, but it is not necessary to set out even the substance of it, as the exceptions principally relate to its competency.
The caveators asked many questions, to which the pro-pounders objected, and they were excluded, but we cannot sustain the assignment of error in respect to them, as…
2Cases cited18 opinions
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- State v. . LeakSupreme Court of North Carolina · 1911
- Smith v. Moore.Supreme Court of North Carolina · 1906
- S. v. . VannSupreme Court of North Carolina · 1913
- In re the Probate of the Will of PinneySupreme Court of Minnesota · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- State v. GraySupreme Court of North Carolina · 1966
- State v. FinchSupreme Court of North Carolina · 1977
- In Re Will of RossSupreme Court of North Carolina · 1921
- S. v. . EnglishSupreme Court of North Carolina · 1913
- Wolfe v. North CarolinaSupreme Court of the United States · 1960
39 more not listed; retrieve them via the Exa API.