In Re Will of Chisman
Supreme Court of North Carolina
Appeal by William Wade Chisman, Mary Carr Williamson, and H. H. Williamson, caveators, from an issue of devisavit vel non, tried before Harding, J., at Fall Term, 1917, of Stokes, upon the following issue: Is the paper-writing propounded for probate and every part thereof the last will and testament of Mrs. Augusta Chisman? Answer: “Yes.”' From the judgment rendered caveators appealed.
1Opinion of the CourtBbowN, J.
After the two witnesses to the will, Franklin and Young, had been examined, the propounders offered their affidavits taken before the clerk when the will was probated in common form. These were admitted as corroborative evidence.
The probate of a will in common form is an ex parte proceeding, and no one interested is before the clerk except the propounders and witnesses. When an issue of devisavit vel non is raised by caveat, it is tried in the Superior Court in term by a jury. Upon such trial the pro-pounder carries the burden of proof to establish the formal execution of the will. This he…
2Cases cited5 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- McLeary v. . NormentSupreme Court of North Carolina · 1881
- Linebarger v. Linebarger.Supreme Court of North Carolina · 1906
- Pepper v. . BroughtonSupreme Court of North Carolina · 1879
- Hathaway v. . HathawaySupreme Court of North Carolina · 1884
3Cited by31 opinions
- In Re HintonSupreme Court of North Carolina · 1920
- Brissie v. CraigSupreme Court of North Carolina · 1950
- In Re the Will of BrownSupreme Court of North Carolina · 1927
- In Re Will of PuettSupreme Court of North Carolina · 1948
- In Re Will of BrownSupreme Court of North Carolina · 1932
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