Pepper v. . Broughton
Supreme Court of North Carolina
Issue of Devisavit Vel Non tried at Fall Term, 1878, of Wake Superior Court, before Seymour, J. Weston G. Lougee at his death left two paper writings purporting to be wills, one dated the 11th of July, 1876, in which hegave his property to the plaintiff, W.R.
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Issue of Devisavit Vel Non tried at Fall Term, 1878, of Wake Superior Court, before Seymour, J. Weston G. Lougee at his death left two paper writings purporting to be wills, one dated the 11th of July, 1876, in which hegave his property to the plaintiff, W.R. Pepper, and the other dated the 17th of July, 1876, wherein he gave his property to Carolina Broughton, wife of N. B. Broughton, a relative; and on the same being offered for probate a caveat was entered to the probate of each by the legatee in the other, and thereupon the cases were sent up from the probate court to the superior court,…
1Opinion of the CourtDillakd, J.
(After stating the case.) N. B. Broughton’s wife, Carolina, was the sole legatee and devisee in the script dated the 17th of July, and Pepper in the one dated the 11th, of July, and he and his wife were propounders of the one and caveators to the other. The next of kin and heirs at law failing, on citation to see proceedings, to take sides, as they were at liberty to do, then the issues framed and submitted to the jurj1", although the probate is in rem, were between Pepper on the one side and Broughton and wife on the other, and they were parties, and as truly adversary parties, as they could…
2Cases cited1 opinion
- McCanless v. ReynoldsSupreme Court of North Carolina · 1876
3Cited by16 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- In Re Will of ChismanSupreme Court of North Carolina · 1918
- Linebarger v. Linebarger.Supreme Court of North Carolina · 1906
- In Re the Will of BrownSupreme Court of North Carolina · 1927
- In Re PetersonSupreme Court of North Carolina · 1904
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