Marshall v. . Flinn
Supreme Court of North Carolina
Issue of devisavit vel NON, tried before his Honor, Judge Dicic, at the Fall Term, 1856, of New-Hanover Superior Court. The propounders offered a script purporting to be the last will and testament of "William Marshall, deceased, dated 5th of October, 1852. The subscribing witnesses were sworn and examined, and proved that it was executed on the day it was dated, and the paper-writing, read to the jury, is the same.
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Issue of devisavit vel NON, tried before his Honor, Judge Dicic, at the Fall Term, 1856, of New-Hanover Superior Court. The propounders offered a script purporting to be the last will and testament of "William Marshall, deceased, dated 5th of October, 1852. The subscribing witnesses were sworn and examined, and proved that it was executed on the day it was dated, and the paper-writing, read to the jury, is the same. The caveators resisted the probate of the script, on the ground of mental incapacity in the decedent, and they examined one Charles Henry, who stated that he saw and conversed…
1Opinion of the CourtNash, C. J.
"We see nothing in this case to induce the Court to interfere with the judgment below. When special instructions .are asked for on the trial of a cause, it is the duty of the Court to respond to them, either by adopting the prayer or refusing to do so. But in the former case it is not required that the charge should be given in the words of the prayer. It may be given in such language as is most appropriate to place the principle of law contained in the prayer clearly before the jury. He may refuse to charge as required, even where the instructions are proper in themselves, if those given…
2Cited by10 opinions
- In Re Will of BroachSupreme Court of North Carolina · 1916
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
- Myatt v. . MyattSupreme Court of North Carolina · 1908
- Little v. Bank of WadesboroSupreme Court of North Carolina · 1924
- In Re Will of AbeeSupreme Court of North Carolina · 1907
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