Legal Opinion

In Re Will of Rowland

Supreme Court of North Carolina

Decided March 16, 1932PublishedCited by 15 opinions

1Opinion of the Court

' Stacy, C. J..

The paper-writing in question was offered for probate in common form without citation to those in interest “to see proceedings.” Redmond v. Collins, 15 N. C., 430, 27 Am. Dec., 208, and note. This is permissible under our practice, C. S., 4139 at seq., and when thus probated in common form, even though the proceedings be ex piarte, such record and probate is made conclusive as evidence of the validity of the will, until it is vacated on appeal or declared void by a compétent tribunal, C. S., 4145, and it is not thereafter subject to collateral attack. Mills v. Mills, 195 N. C.,…

2Cases cited16 opinions

  1. In Re Will of ChismanSupreme Court of North Carolina · 1918
  2. In Re WestfeldtSupreme Court of North Carolina · 1924
  3. Alexander v. . JohnstonSupreme Court of North Carolina · 1916
  4. Starnes v. . ThompsonSupreme Court of North Carolina · 1917
  5. Collins v. . CollinsSupreme Court of North Carolina · 1899

11 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Holt v. HoltSupreme Court of North Carolina · 1950
  2. In Re the Probate of the Last Will & Testament of HineSupreme Court of North Carolina · 1947
  3. In Re Will of PuettSupreme Court of North Carolina · 1948
  4. In Re Will of BartlettSupreme Court of North Carolina · 1952
  5. In Re the Last Will & Testament of LomaxSupreme Court of North Carolina · 1946

10 more not listed; retrieve them via the Exa API.

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