Watson v. Hinson
Supreme Court of North Carolina
Appeal by plaintiff from Bragaw, J., at December Term, 1912, Of RICHMOND. Issue of devisavit vel non as to tbe last will and testament of D. W. Watson, deceased. Propounders offered in evidence a paper-writing purporting to be tbe last will and testament of D. W. Watson, deceased, and to be signed at bottom and sealed by D. W. Watson, deceased, and to be witnessed as follows: “Test: W. I. Everett. W. T. Covington.”
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Appeal by plaintiff from Bragaw, J., at December Term, 1912, Of RICHMOND. Issue of devisavit vel non as to tbe last will and testament of D. W. Watson, deceased. Propounders offered in evidence a paper-writing purporting to be tbe last will and testament of D. W. Watson, deceased, and to be signed at bottom and sealed by D. W. Watson, deceased, and to be witnessed as follows: “Test: W. I. Everett. W. T. Covington.” This paper as in the issue and proceedings below will be referred to as Exhibit A. This being- handed to the witness W. T. Covington, he testified thereto as follows: “That D. W.…
1Opinion of the CourtHoke, J.
Under our present law, Revisal, sec. 3113, “A written will with witnesses must have been prepared in the testator’s lifetime and signed by him or some other person in his presence and by his direction, and subscribed in his pres*77ence by two witnesses at least/’ etc. Construing this law, tbe courts haA^e beld “that it is not necessary always that the testator should sign the will in the presence of the witnesses; it is sufficient that the will be acknowledged by the testator in their presence, the will being physically present and identified.” In re Herring’s Will, 152 N. C., 258; Nickerson v.…
2Cases cited12 opinions
- Newton v. Seaman's Friend SocietyMassachusetts Supreme Judicial Court · 1881
- Brayn's Appeal From ProbateSupreme Court of Connecticut · 1904
- Bigelow v. GillottMassachusetts Supreme Judicial Court · 1877
- In Re Will of HedgepethSupreme Court of North Carolina · 1909
- Siler v. . DorsettSupreme Court of North Carolina · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re the Accounting of LockeNew York Court of Appeals · 1932
- Godwin v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1963
- In Re the Will of FranksSupreme Court of North Carolina · 1949
- In Re JohnsonSupreme Court of North Carolina · 1921
- Estate of MartensCalifornia Supreme Court · 1937
22 more not listed; retrieve them via the Exa API.