Byrd v. . Collins
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at April Term, 1912, of ROBESON. This was a proceeding for tbe partition of certain lands, tbe petitioners claiming an interest as beirs of Effie Ann Stone. Tbe defendants pleaded sole seizin, alleging tbat tbe said Effie Ann Stone made a will devising tbe land to tbe defendant J. H. Byrd, and tbat tbis will bad been lost, or destroyed by some one other tban tbe testatrix.
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Appeal by plaintiff from Peebles, J., at April Term, 1912, of ROBESON. This was a proceeding for tbe partition of certain lands, tbe petitioners claiming an interest as beirs of Effie Ann Stone. Tbe defendants pleaded sole seizin, alleging tbat tbe said Effie Ann Stone made a will devising tbe land to tbe defendant J. H. Byrd, and tbat tbis will bad been lost, or destroyed by some one other tban tbe testatrix. By consent of all parties, tbe trial of tbe partition proceeding was suspended until tbe defendant could go before tbe clerk and- probate tbe alleged will. Tbe clerk refused to admit…
1Opinion of the CourtAllen, J.
There are several exceptions in the record, but all of them are immaterial, if his Llonor ruled correctly in excluding the evidence as to the contents of the lost will, as we think he did.
The testatrix may have been mistaken as to the place where she deposited the will, or, if she was not, and it was taken on the day of the hog killing by one of the three persons who went iñ the meat-room, it may still be in existence, and there was no evidence of any search of her premises or among her effects or of the premises or effects of either of the three persons, nor was John Bams or J. W. Bullock,…
2Cases cited3 opinions
- Avery v. Stewart.Supreme Court of North Carolina · 1904
- Scoggins v. . TurnerSupreme Court of North Carolina · 1887
- Eure v. . PittmanSupreme Court of North Carolina · 1824
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- Thompson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915
- Board of Education v. . GallopSupreme Court of North Carolina · 1947