Freeman v. . Morris
Supreme Court of North Carolina
This was a rule against the defendants to show cause wherefore the records of the Superior Court of Bertie should not be amended under the following circumstances, upon which the plaintiffs’ application was founded : It appeared that a paper writing purporting to be the will of one Christiana Freeman was offered for probate by the plaintiffs, at the February Sessions, 1842, of the County Court of Bertie, when a caveat was entered thereto by some of the defendants, who were…
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This was a rule against the defendants to show cause wherefore the records of the Superior Court of Bertie should not be amended under the following circumstances, upon which the plaintiffs’ application was founded : It appeared that a paper writing purporting to be the will of one Christiana Freeman was offered for probate by the plaintiffs, at the February Sessions, 1842, of the County Court of Bertie, when a caveat was entered thereto by some of the defendants, who were the heirs at law and next of kin of the deceased ; and upon an issue of devisavit vel non, there was a verdict…
1Opinion of the CourtNash, C. J.
Had his Honor refused to amend the record, because the evidence offered did not satisfy him that he ought to do so, no appeal to this Court could have been sustained ; for the reason that it was the exercise of a pure discretion, founded on the evidence into which we should have no right to look. Dickinson v. Lippiit, 5 Ire. 560, Quiett v Boon, 5 Ire. 9. But his Honor does not put his opinion upon the deficiency of testimony, for none was examined before him ; but upon the want of power.If the power did exist, then there was error in law upon which this Court must act.. That the Superior…
2Cited by1 opinion
- McArter v. . RheaSupreme Court of North Carolina · 1898