In re Will of Johnson
Supreme Court of North Carolina
Appeal by caveator from Kerr, J., at tbe January Term, 1921, of Halifax. Petition to set aside probate of will of Mrs. Betty Y. Johnson, and to recall letters testamentary issued therein, heard on appeal from the clerk of Superior Court of Halifax County.
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Appeal by caveator from Kerr, J., at tbe January Term, 1921, of Halifax. Petition to set aside probate of will of Mrs. Betty Y. Johnson, and to recall letters testamentary issued therein, heard on appeal from the clerk of Superior Court of Halifax County. From the record it appears that the last will and testament of Mrs. Betty Y. Johnson, deceased, had been formally admitted- to probate before the clerk of Halifax County, acting as probate judge, on 17 May, 1907, said'will purporting to have been made and duly witnessed on 1 June, 1906; that Dr. J. A. H. Edwards, a nephew of testatrix, had…
1Opinion of the CourtHoke, J.
On petition to set aside the probate: It is recognized in this State that a court vested with power and jurisdiction to admit wills to probate may, on motion and after due notice, set aside such proof in common form and recall the letters testamentary issued thereon, when it is shown that an invalid or spurious will has been imposed upon the court by reason of perjured testimony or other fraudulent means and practices effective in procuring the judgment. Edwards v. Edwards, 25 N. C., 82; Dickenson v. Stewart, 5 N. C., 99. And on a hearing of this *525character a jury trial is not allowed as of…
2Cases cited8 opinions
- Peacock v. Barnes.Supreme Court of North Carolina · 1906
- Watson v. HinsonSupreme Court of North Carolina · 1913
- Taylor v. . CarrowSupreme Court of North Carolina · 1911
- In Re Will of BroachSupreme Court of North Carolina · 1916
- In Re Administration on the Estate of BattleSupreme Court of North Carolina · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re the Probate of the Last Will & Testament of HineSupreme Court of North Carolina · 1947
- In Re the Will of FranksSupreme Court of North Carolina · 1949
- Latham v. . LathamSupreme Court of North Carolina · 1922
- Yount v. YountSupreme Court of North Carolina · 1962
- Edwards v. . CobbSupreme Court of North Carolina · 1886
4 more not listed; retrieve them via the Exa API.