In Re Daniel Burns' Will
Supreme Court of North Carolina
Issue of clevisavit vel non tried before Robinson, J., and a jury at June, 1897, Special Term of Bubjce Superior Court. Tire facts appear in tire opinion. There was a verdict for the propounders of the will and from the judgment thereon the caveators appealed.
1Opinion of the Court
Faircloth, C. J.:
The issue was devisavii vel non. Daniel Burns, aged 75 or 80 years, died in 1898, leaving eight children him surviving. He also left a last will, dated in 1889, 'in which he devised and bequeathed his entire property to his son, Phil. F. Burns. The will having been proved in common form the burden was upon the caveators to show-incapacity of the testator. Mayo v. Jones, 78 N. C., 402. Sanity being the natural and usual condition of the mind,, whoever alleges any matter in derogation thereof must prove it.
Numerous witnesses were examined at the trial, the evidence of some of…
2Cases cited3 opinions
- Bost v. . BostSupreme Court of North Carolina · 1882
- Mayo v. . JonesSupreme Court of North Carolina · 1878
- Ross v. . ChristmanSupreme Court of North Carolina · 1840
3Cited by26 opinions
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- McNeill v. . McNeillSupreme Court of North Carolina · 1943
- In Re HintonSupreme Court of North Carolina · 1920
- In Re the Will of BrownSupreme Court of North Carolina · 1927
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
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