Mayo v. . Jones
Supreme Court of North Carolina
Issue of Devisavit Vel Non tried at Spring Term, 1877, of EdgecoMbe Superior Court, before Eure, J. The issue was, — “ whether the said paper writing or any part thereof, and if so what part, was the last will and testament of Me. G. Jones.” It was in evidence that the testator was not a man of strong mind, and was suffering from physical disease, but was competent to make a will, and had given the directions to his counsel who wrote it, in an intelligible manner.
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Issue of Devisavit Vel Non tried at Spring Term, 1877, of EdgecoMbe Superior Court, before Eure, J. The issue was, — “ whether the said paper writing or any part thereof, and if so what part, was the last will and testament of Me. G. Jones.” It was in evidence that the testator was not a man of strong mind, and was suffering from physical disease, but was competent to make a will, and had given the directions to his counsel who wrote it, in an intelligible manner. It was also in evidence that he was a monomaniac about lewd women, publicly indulging insex-ual intercourse with them,…
1Opinion of the CourtReade, J.
1. On the trial of an issue devisavit vel non, is the burden of proving the sanity of the testator on the pro-pounder? or is the burden of proving his insanity on the caveator? is the first question.
If any one is curious to see how the question is obscured' and confounded by conflicting decisions in different States, under different statutes and different rules of practice, he may consult 1 Redfield on Wills, § 4, and 1 Greenleafs Ev. § 77, and the cases there cited.
AVe all know that sanity is the natural and usual condition of the mind, and therefore every man is presumed to-be sane. Wood v.…
2Cases cited1 opinion
- McRae v. . LawrenceSupreme Court of North Carolina · 1876
3Cited by22 opinions
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- In Re Will of RossSupreme Court of North Carolina · 1921
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
- In Re Daniel Burns' WillSupreme Court of North Carolina · 1897
- Starnes v. . ThompsonSupreme Court of North Carolina · 1917
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