In Re Will of Dupree
Supreme Court of North Carolina
Appeal bj caveators from 0. H. Allen, J., at January Term,' 1913, of Pitt.- Caveat to will. On the trial it was made to appear that John Dupree died in 1887, having made a last will and testament and leaving him surviving two children, Robert Dupree and Olivia, a daughter.
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Appeal bj caveators from 0. H. Allen, J., at January Term,' 1913, of Pitt.- Caveat to will. On the trial it was made to appear that John Dupree died in 1887, having made a last will and testament and leaving him surviving two children, Robert Dupree and Olivia, a daughter. That in the will the land and chief part of the personal property was devised and bequeathed, to Robert, the son, the daughter receiving a nominal legacy of $5. That in December, 1887, said will, attested by three witnesses, was duly admitted to probate in common form and recorded. That- Robert, as owner, went into…
1Opinion of the Court
Hoke, J.,
after stating the case: There is no statute of limitations in this State directly affecting the right of parties claiming under a will to have the same proven, and in so far as it may affect their own interests. Steadman v. Steadman, 143 N. C., pp. 346-349. Nor was there any such statute relating to the caveat of a will prior to 1907, when the period of seven years was established from the time of the “application to prove the will and the probate thereof in common form. Eevisal, sec! 3135.” It has, however,'been long recognized here that when a will has been regularly proven in…
2Cases cited8 opinions
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Summerlin v. . CowlesSupreme Court of North Carolina · 1888
- Cox v. . BrowerSupreme Court of North Carolina · 1894
- Houck v. . AdamsSupreme Court of North Carolina · 1887
- Etheridge v. Corprew's Ex'rsSupreme Court of North Carolina · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cunningham v. . LongSupreme Court of North Carolina · 1923
- In Re the Will of WinborneSupreme Court of North Carolina · 1950
- Mills v. . MillsSupreme Court of North Carolina · 1928
- Coxe v. . CarsonSupreme Court of North Carolina · 1915
- In Re Will of BatemanSupreme Court of North Carolina · 1915
2 more not listed; retrieve them via the Exa API.