Briggs v. Caldwell
Supreme Court of South Carolina
Before Rice, J., Clarendon, Proceeding in probate court to prove will of E. M. Briggs in solemn form. Contestants appeal from the following order made on Circuit on appeal from p-robate court: “This matter comes before me upon exceptions to the decree of the judge of probate of Clarendon county, the whole record before the probate court having been certified up to- this Court as required by the Code.
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Before Rice, J., Clarendon, Proceeding in probate court to prove will of E. M. Briggs in solemn form. Contestants appeal from the following order made on Circuit on appeal from p-robate court: “This matter comes before me upon exceptions to the decree of the judge of probate of Clarendon county, the whole record before the probate court having been certified up to- this Court as required by the Code. It appears that proceedings were instituted under the statutes to have the will of the late Mrs. Elizabeth M. Briggs proven in solemn form, it having been admitted to probate in common form, and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This was a proceeding to prove the will of Mrs. E. M. Briggs in solemn form. The probate judge found against the will and refused to.admit the paper to probate. The proponents of the will appealed to the Circuit Court and gave notice of issues to be submitted to a jury. The order was made submitting to' the jury the question proposed, which was as follows:
“Js the paper propounded as the last will of Mrs. E. M. Briggs her will, and was it executed with all the requirements of law.” From this order the contestants appealed to this…
2Cases cited1 opinion
- Ex Parte JacksonSupreme Court of South Carolina · 1903
3Cited by2 opinions
- Meier v. KornahrensSupreme Court of South Carolina · 1920
- Estate of O'Neill v. TobiasSupreme Court of South Carolina · 1972