In Re Thomas
Supreme Court of North Carolina
This was an issue of devisavit vel NON, tried at September Term, 1892, of the Superior Court of Durham County, before Whitaker, J. The paper-writing offered for probate as the will of Ada W. Thomas purported to be signed by J. W. Thomas and Sallie F. Gooch as subscribing witnesses. The husband of the testatrix was sole devisee and legatee.
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This was an issue of devisavit vel NON, tried at September Term, 1892, of the Superior Court of Durham County, before Whitaker, J. The paper-writing offered for probate as the will of Ada W. Thomas purported to be signed by J. W. Thomas and Sallie F. Gooch as subscribing witnesses. The husband of the testatrix was sole devisee and legatee. C. B. Green, the present Clerk, testified for the propounders that he had searched in the Clerk’s office for the original will and the proofs attached to it, which were entered in the will book in the form set forth in the opinion. The propounders then…
1Opinion of the Court
Avkey, J.,
after stating the case, proceeded : The Court so •construed the Act of 1784 (Rev. Stats., Ch. 122, sections 1 and 6) as to allow wills disposing of real and personal estate to be proven in common form by one of the two necessary subscribing witnesses; but it was declared essential to the sufficiency of the probate, in order to pass land, that the-single witness examined should appear to have sworn that another subscribing witness, as well as himself, attested in the presence of the testator, or that some other witness should depose to the fact of signing in presence of the testator…
2Cases cited4 opinions
- Mayo v. . JonesSupreme Court of North Carolina · 1878
- Jenkins v. . JenkinsSupreme Court of North Carolina · 1887
- Randolph v. . HughesSupreme Court of North Carolina · 1883
- Osborne v. . LeakSupreme Court of North Carolina · 1883
3Cited by6 opinions
- In Re Will of LloydSupreme Court of North Carolina · 1913
- In Re the Last Will & Testament of WestSupreme Court of North Carolina · 1947
- Moody v. . JohnsonSupreme Court of North Carolina · 1893
- Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.Supreme Court of North Carolina · 1893
- R. R. v. . Mining Co.Supreme Court of North Carolina · 1893
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