In Re Will of Hedgepeth
Supreme Court of North Carolina
ActioN tried before Ward, J., and a jury, at December (Special) Term, of Nash. Appeal by Ruffin Lyon. The record discloses this case: On 11 May, 1900, John T. Hedgepeth offered for probate before the Clerk of the Superior Court of Nash County a paper writing purporting to be the last will and testament of Martha Hedgepeth, in words and figures as follows, to wit: “North Carolina — Nash County.
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ActioN tried before Ward, J., and a jury, at December (Special) Term, of Nash. Appeal by Ruffin Lyon. The record discloses this case: On 11 May, 1900, John T. Hedgepeth offered for probate before the Clerk of the Superior Court of Nash County a paper writing purporting to be the last will and testament of Martha Hedgepeth, in words and figures as follows, to wit: “North Carolina — Nash County. I, Martha Hedgepeth, of Nash County and Nashville Township and State of North Carolina, being of sound mind and disposing memory, do make and declare this to be my last will and testament: I give to…
1Opinion of the Court
Connor, J.,
after stating the case: It is well settled by the decisions of this- Court that the clerk has jurisdiction to take probate of a lost will, or one destroyed by some person other than the testator, or by the testator not having the animo revo-candi. It is not necessary in either case to bring an action in the nature of a bill in equity to set up the will. McCormick v. Jernigan, 110 N. C., 406; Evans' will, 123 N..C., 113. His Honor was therefore in error in holding that the entire proceeding before the clerk was irregular and void. We think that there was evidence before the clerk…
2Cases cited9 opinions
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Schultz v. . SchultzNew York Court of Appeals · 1866
- In re WillSupreme Court of Connecticut · 1873
- Scott v. MaddoxSupreme Court of Georgia · 1901
- Mayo v. . JonesSupreme Court of North Carolina · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re the Will of WallSupreme Court of North Carolina · 1943
- Watson v. HinsonSupreme Court of North Carolina · 1913
- In Re the Will of McCauleySupreme Court of North Carolina · 2002
- Schaefer v. VoyleSupreme Court of Florida · 1924
- Dulin v. . BaileySupreme Court of North Carolina · 1916
18 more not listed; retrieve them via the Exa API.