Legal Opinion

In Re Will of Craven

Supreme Court of North Carolina

Decided October 6, 1915PublishedCited by 52 opinions

Appeal by caveator from Connor, J., at the August Term, 1914, of CeaVEN. Caveat to codicil No. 2 of the will of Eli A. Craven, dated 1 November, 1912, tried before Connor, J., and a jury, at August Term, 1914, of Chatham Superior Court.

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Appeal by caveator from Connor, J., at the August Term, 1914, of CeaVEN. Caveat to codicil No. 2 of the will of Eli A. Craven, dated 1 November, 1912, tried before Connor, J., and a jury, at August Term, 1914, of Chatham Superior Court. Eli A. Craven was born in August, 1824, and died in December, 1912, leaving a last will and testament, dated December, 1910, a codicil thereto, dated 11 February, 1911, and a second codicil thereto, dated 1 November, 1912, which is the one to which the caveat was .filed. There was no contest as to the will itself, or tbe first codicil, it being admitted by tbe…

1Opinion of the Court

WalxeR, J.,

after stating tbe case: There was much testimony received upon tbe issues thus joined between tbe propounders and tbe caveators, as to tbe validity of the second codicil to Mr. Craven’s will, but we do not deem it material tbat it should be stated here, except to say tbat there was strong evidence coming from tbe side of tbe caveators to sustain tbeir allegations, both as to tbe mental incapacity of tbe testator and as to tbe fraud and undue influence of Mrs. Underwood and ber husband, and, upon this testimony, the jury might well have given their verdict to the caveators, but…

2Cases cited28 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
  3. MacKall v. MacKallSupreme Court of the United States · 1890
  4. Waterman v. . WhitneyNew York Court of Appeals · 1854
  5. State v. . PattersonSupreme Court of North Carolina · 1842

23 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. In Re the Will of JonesSupreme Court of North Carolina · 2008
  2. In Re Will of RossSupreme Court of North Carolina · 1921
  3. In Re HintonSupreme Court of North Carolina · 1920
  4. State v. HartSupreme Court of North Carolina · 1954
  5. In Re Will of HallSupreme Court of North Carolina · 1960

47 more not listed; retrieve them via the Exa API.

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