Westbrook v. Wilson.
Supreme Court of North Carolina
ActioN by J. E. Westbrook and others against Lottie Wilson and others, heard by Judge E. B. Jones and a jury, at January (Special) Term, 1904, of the Superior Court of RutheRfobd County. This was an issue of devisavit vel non, the caveators being the children and only heirs at law of the alleged testator. The propounders were the children of one Lottie Wilson, to whom the larger portion of the estate was given in the alleged will.
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ActioN by J. E. Westbrook and others against Lottie Wilson and others, heard by Judge E. B. Jones and a jury, at January (Special) Term, 1904, of the Superior Court of RutheRfobd County. This was an issue of devisavit vel non, the caveators being the children and only heirs at law of the alleged testator. The propounders were the children of one Lottie Wilson, to whom the larger portion of the estate was given in the alleged will. The caveators alleged and introduced evidence tending to prove that their father at the date of his will was eighty-two years of age; that by reason of dissipation,…
1Opinion of the CourtConnor, J.
The only exception and assignment of error in tbe record is directed to the eighth special instruction given in response to the prayer of tbe caveators, to-wit: “The burden is upon tbe caveators to establish fraud or undue influence, and in passing upon this question it is your duty to take into consideration tbe relation of tbe alleged testator to the devisees; bis age and state of health at tbe time; tbe circumstances surrounding bim, and tbe manner of disposition of such property; and if from all the circumstances surrounding tbe execution of tbe said paper-writing, you shall find tbat the…
2Cases cited10 opinions
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3Cited by13 opinions
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