Legal Opinion

Redmond v. . Collins

Supreme Court of North Carolina

Decided June 5, 1834PublishedCited by 15 opinions

This was a petition originally filed in the County Court of Edgccomb against the defendant Collins alone. The plaintiffs stated that Francis Ferie died in the year 1810, having duly made and published his last will, whereof he appointed Beimel Barrow and James South-erland executors. That the testator left Elizabeth Redmond', the mother of the plaintiffs, his only child.

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This was a petition originally filed in the County Court of Edgccomb against the defendant Collins alone. The plaintiffs stated that Francis Ferie died in the year 1810, having duly made and published his last will, whereof he appointed Beimel Barrow and James South-erland executors. That the testator left Elizabeth Redmond', the mother of the plaintiffs, his only child. That the said will was offered for probate by the executors at the May term 1810 of the County court of Edge-comb, when a carecí to its probate was entered by Daniel Redmond, the father of the plantiffs, which was tried…

1Opinion of the Court

RueeíN, Chief-Justice.

This is an application by petition, to prove a paper as the will of Frauds Porie, deceased. It is made by persons who claim an interest under the paper, as legatees and devisees. It comes before this Court on-appeal from the decision of the Superior Court dismissing the petition, and the questions here arise on the pleadings, and a case agreed by the parties in the record.

This is not an original application. It is stated in the petition that Barrow and Southerland named in the paper as the executors, did in that character offer the same paper for probate in 1810, to…

2Cited by15 opinions

  1. Brissie v. CraigSupreme Court of North Carolina · 1950
  2. Bailey v. . McLainSupreme Court of North Carolina · 1939
  3. Mills v. . MillsSupreme Court of North Carolina · 1928
  4. In Re Will of SmithSupreme Court of North Carolina · 1940
  5. In Re Will of RowlandSupreme Court of North Carolina · 1932

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