St. John's Lodge, No. 1 v. Callender
Supreme Court of North Carolina
Appeal from the Superior Court of Law of New Hanover County at the Spring Term 1844, his Honor Judge Nash presiding. This was an issue Devisavit vel non. The plaintiff propounded the paper writing offered in evidence as the last will and testament of Joseph Dean.
Read the full summary
Appeal from the Superior Court of Law of New Hanover County at the Spring Term 1844, his Honor Judge Nash presiding. This was an issue Devisavit vel non. The plaintiff propounded the paper writing offered in evidence as the last will and testament of Joseph Dean. The paper was, by the competent number of witnesses, duly proved to be all in the band writing of Joseph Dean, with his name duty signed ^le same- ^ was then proved by Captain Hartman, that he was well acquainted with Joseph Dean, that he was for-merty a merchant of and resided in the town of Wilmington,- and was in partnership with…
1Opinion of the CourtRuffiN, C. J.
The illustrations, which the presiding Judge found himself under the necessity of submitting to the jury, to enable them to take just views of the questions for their decision, shew very plainly, that he might, and, as we think more properly ought to have told them, that the script was not duly proved. The Act of’84, c. 225, after reciting, that the Act of the previous session of the same year required the attestation of witnesses to prevent fraud and impositions on persons in their last sickness or from their want of knowledge, and that it may be proper to make exceptions from that rule in…
2Cited by15 opinions
- Bailey v. . McLainSupreme Court of North Carolina · 1939
- Scarborough v. LongSupreme Court of Georgia · 1938
- In Re BennettSupreme Court of North Carolina · 1920
- Cornelius v. BrawleySupreme Court of North Carolina · 1891
- Dulin v. . DulinSupreme Court of North Carolina · 1929
10 more not listed; retrieve them via the Exa API.