Legal Opinion

In Re Will of Turnage

Supreme Court of North Carolina

Decided April 10, 1935PublishedCited by 28 opinions

1Opinion of the Court

Stacy, 0. J.

Tbe issue of testamentary capacity was answered in favor of tbe propounders, hence tbe exceptions and assignments of error addressed to this issue may be disregarded. Errors cured by tbe verdict are not ground for reversal on appeal. Daniel v. Power Co., 201 N. C., 680, 161 S. E., 210; Rankin v. Oates, 183 N. C., 517, 112 S. E., 32.

We agree with propounders tbat tbe evidence was not such as to warrant a verdict for caveator on tbe issue of undue influence, and tbe jury should have been instructed accordingly. Evans’ Will case, 123 N. C., 113, 31 S. E., 267. Tbe case, in this…

2Cases cited11 opinions

  1. In Re Will of CravenSupreme Court of North Carolina · 1915
  2. Rankin v. OatesSupreme Court of North Carolina · 1922
  3. Rankin v. . OatesSupreme Court of North Carolina · 1922
  4. In Re Will of MuellerSupreme Court of North Carolina · 1915
  5. In Re Will of AbeeSupreme Court of North Carolina · 1907

6 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In Re the Will of JonesSupreme Court of North Carolina · 2008
  2. In Re the Purported Will of AndrewsSupreme Court of North Carolina · 1980
  3. In Re the Will of ThompsonSupreme Court of North Carolina · 1958
  4. In Re the Will of FranksSupreme Court of North Carolina · 1949
  5. In Re the Will of KempSupreme Court of North Carolina · 1951

23 more not listed; retrieve them via the Exa API.

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