Downey v. . Murphey
Supreme Court of North Carolina
This was an issue of Devisavit vei won as to a script produced by the plaintiff as the will of John G. Smith. On the trial before Norwood, Judge, at Granville, on the last Spring Circuit, the plaintiff having made out a prima facie case, by proof of the formal execution of the supposed will, for the defendants, the caveators, it was objected, that the deceased, at its execution, was not of perfect memory, and if he had been, that he was at its execution weak in body and…
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This was an issue of Devisavit vei won as to a script produced by the plaintiff as the will of John G. Smith. On the trial before Norwood, Judge, at Granville, on the last Spring Circuit, the plaintiff having made out a prima facie case, by proof of the formal execution of the supposed will, for the defendants, the caveators, it was objected, that the deceased, at its execution, was not of perfect memory, and if he had been, that he was at its execution weak in body and mind, and in extremis, and that the execution by the supposed testator was, under these circumstances, procured by the…
1Opinion of the Court
Ruffin, Chief Justice.
— The opinion given in the Superior Court, upon the question of evidence arising on the deposition of Terry, conforms to the rules laid down in this Court, in The State v. Boswell, 2 Dev. 209; and those rules, we think, are based on sound principles, and correctly drawn from the most approved writers on the law of evidence. The witness says, that he knew Dawes, to whose discredit he is examined, for several years; that he did not consider him an honest man; that he had known him to steal, and that he would not believe him upon oath. The opinion of the witness is…
2Cited by3 opinions
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- Estate of Keeley v. OchsSupreme Court of Minnesota · 1926
- Coleman v. StateCourt of Criminal Appeals of Texas · 1917