Harvey v. . Smith
Supreme Court of North Carolina
Petition to have an alleged will repropounded for probate. Margaret and Mary Harvey infants, by their next friend, at May Term, 1833, of Perquimons County Court, filed their petition, in which they set forth, that Eliza Harvey late of that county had died in the month of September, 1830, being at the time of her death, the wife of Edmund B. Harvey, of said county; that by a certain contract or settlement entered into between the said Eliza, and her husband previously to…
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Petition to have an alleged will repropounded for probate. Margaret and Mary Harvey infants, by their next friend, at May Term, 1833, of Perquimons County Court, filed their petition, in which they set forth, that Eliza Harvey late of that county had died in the month of September, 1830, being at the time of her death, the wife of Edmund B. Harvey, of said county; that by a certain contract or settlement entered into between the said Eliza, and her husband previously to their marriage, and in contemplation of it, all the property of the said Eliza consisting of lands, slaves,' chattels and…
1Opinion of the Court
— It ought not to excite surprise that questions embarrassing to the bench, as well as to the bar, should present themselves upon applications for a revision of the proceedings upon probates of wills, or refusal of probate to instruments offered as wills. The General Assembly, as the situation of our country, and the character of its institutions seemed to require, have from time to time, made important changes in the laws, in relation to the mode of proving wills, the tribunal by which controversies respecting them shall be tried, and the effect of the probate when had; but have been wholly…
2Cited by1 opinion
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