In re the Will of Herring
Supreme Court of North Carolina
Appeal from W. R. Allen, J., at June Term, 1909, of LeNOIR. Tbe facts are stated in tbe opinion.
1Opinion of the CourtClark, C. J.
Tbis is an issue of devisavit vel non. Tbe grounds alleged by tbe caveators, as set out in tbeir brief, were non-execution, mental incapacity and undue influence. Tbe court at first submitted one issue: “Is tbe paper-writing- propounded by T. J. Herring and others, and every part thereof, tbe last will and testament of William I. Herring, deceased?”
After tbe ease bad been submitted to tbe jury tbe court of its own motion added tbe following three issues :
1. Was tbe paper-writing offered for probate as tbe last will and testament of W. I. Herring, signed and executed according to law?
2. If so,…
2Cases cited9 opinions
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- In Re Daniel Burns' WillSupreme Court of North Carolina · 1897
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ripley v. . ArmstrongSupreme Court of North Carolina · 1912