Graham v. . Graham
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rowan County, at the Fall Term 1848, his Honor Judge Mooke presiding. This is an issue, devisavit vel non, made up under the statute to try the validity of a paper writing, propounded as the will of John Graham, deceased. The evidence was, that the supposed testator executed the will in the presence of two witnesses, and desired them to attest the instrument.
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Appeal from the Superior Court of Law of Rowan County, at the Fall Term 1848, his Honor Judge Mooke presiding. This is an issue, devisavit vel non, made up under the statute to try the validity of a paper writing, propounded as the will of John Graham, deceased. The evidence was, that the supposed testator executed the will in the presence of two witnesses, and desired them to attest the instrument. He was lying in bed very sick at the time, and the two witnesses withdrew into another room, between which and the testator’s sick chamber there was a door open, and at a large chest in that other…
1Opinion of the CourtRuffin, C. J.
The rule laid down by his Honor seems to be a very rigid construction of the terms ‘ in his presence,” which are used in the act; but it is in conformity with the cases hitherto decided on this subject, and, we believe, with the policy and meaning of the statute^ Except in the case of a blind person, “presence seems to have been understood as having the same sense as “within view;” and it follow's, that the thing to be seen, or to be within the power of the party to see, is the very fact Ufsubscribing by the witness. Thus in Shires v. Glascock, 1 Atk. 688, w’hich was the first or one of the…
Also in this document: Per curiam.
2Cited by12 opinions
- Table Rock Lumber Co. v. BranchSupreme Court of North Carolina · 1911
- In Re Demaris' EstateOregon Supreme Court · 1940
- In Re Will of FullerSupreme Court of North Carolina · 1925
- Burney v. . AllenSupreme Court of North Carolina · 1899
- Earl v. MundyCourt of Appeals of Texas · 1921
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