London v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1882, of New Hanover Superior Court, before MaeRae, J. Upon the death of Eli W. Hall iu the year 1865, several scripts purporting to contain his will, with certain successive codicils, all without date and all duly attested, except the last, in which he designated Edward T>. Hall and John Dawson executors, were offered by them for probate in the county court of New Hanover, the residence of the deceased, and, upon the evidence of one of the…
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Civil ActioN tried at Fall Term, 1882, of New Hanover Superior Court, before MaeRae, J. Upon the death of Eli W. Hall iu the year 1865, several scripts purporting to contain his will, with certain successive codicils, all without date and all duly attested, except the last, in which he designated Edward T>. Hall and John Dawson executors, were offered by them for probate in the county court of New Hanover, the residence of the deceased, and, upon the evidence of one of the subscribing witnesses to the original instrument and of another to the last attested codicil, which revokes all preceding…
1Opinion of the Court
Smith, C. J.,
after stating the above. The only question arising upon the appeal is whether the granting of the letters testamentary is void, so as to afford no sanction to the defendant’s act in transferring the stock, and to leave the company exposed to the action of the party to whom the letters of administration have since been granted, without any direct revocation of the former adjudication upon the same instrument.
The argument on either side of the proposition has been full and exhaustive, and, with the numerous references to decided cases and the works of elementary writer's, has…
2Cited by10 opinions
- Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
- Starnes v. . ThompsonSupreme Court of North Carolina · 1917
- Edwards v. . WhiteSupreme Court of North Carolina · 1920
- Knight v. HollingsSupreme Court of New Hampshire · 1906
- Shields v. Union Central Life InsuranceSupreme Court of North Carolina · 1896
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