In re Hinton
Supreme Court of North Carolina
Appeal by propounders from Stacy, ■/., at January Term, 1920, of Pasquotaotc. John L. Hinton, whose will is attacked, and by the judgment declared not to be bis will, died in January, 1910, leaving surviving him his widow, Sophie (since deceased), and six children, viz.: Mary F. Hinton, Sophie Ida Sawyer, Charles L. Hinton, E. Y. Hinton, W. E. Hinton, and R. L. Hinton.
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Appeal by propounders from Stacy, ■/., at January Term, 1920, of Pasquotaotc. John L. Hinton, whose will is attacked, and by the judgment declared not to be bis will, died in January, 1910, leaving surviving him his widow, Sophie (since deceased), and six children, viz.: Mary F. Hinton, Sophie Ida Sawyer, Charles L. Hinton, E. Y. Hinton, W. E. Hinton, and R. L. Hinton. There also survived him the children of another son, John C. Hinton, who died 4 September, 1902, before the will was probated. After the death of John L. Hinton, the devisee, Mary E. Hinton, died, unmarried and intestate. After…
1Opinion of the Court
Walker, J.,
after stating the case: We will first consider the case so far as it relates to the mental capacity of the testator to make a will at the time he executed the one in question.
The principle complaint of the propounders, on this branch of the case, is that the judge admitted the testimony of Mrs. John C. Hinton, the daughter-in-law of the testator, having married his son, John C. Hinton, who died before the' will was made. She was made a party to the proceeding, why, we cannot see, as she did not caveat the revocation of the clause of the will by which the testator had devised to her…
2Cases cited25 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
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3Cited by2 opinions
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1938
- In Re Will of PlottSupreme Court of North Carolina · 1937