In Re Will of Wellborn
Supreme Court of North Carolina
Appeal by caveator from Webb, J., at January Term, 1914, of Wilkes. Issue of clevisavit vel non as to tbe will of Isaac 0. Wellborn. Tbe paper-writing, purporting to be a will and testament disposing of a considerable amount of real estate and some personal property, was entirely in tbe bandwriting of Isaac C. Wellborn and subscribed by bim, and there was evidence tending to sbow tbat it was found after bis death among bis valuable papers, etc.
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Appeal by caveator from Webb, J., at January Term, 1914, of Wilkes. Issue of clevisavit vel non as to tbe will of Isaac 0. Wellborn. Tbe paper-writing, purporting to be a will and testament disposing of a considerable amount of real estate and some personal property, was entirely in tbe bandwriting of Isaac C. Wellborn and subscribed by bim, and there was evidence tending to sbow tbat it was found after bis death among bis valuable papers, etc. There was evidence contra, on part of caveators, as to paper-writing having been found among tbe valuable papers of deceased, and also evidence of…
1Opinion of the Court
IIoKE, J.,
after stating the case: Our statute on wills, Re-visal, sec. 3115, and various decisions here and elsewhere dealing with the subject, are in recognition and approval of the principle that there may be a' partial revocation by canceling, tearing, etc., and as to material portions of a will, and if the words “Canceled by Isaac 0. Wellborn,” restricted as they are physically to certain definite clauses of the paper-writing, were all that appeared in the case, it may be that the charge of his Honor as to the burden of proof could be sustained. Wikoff Appeal, 15 Pa. St., 281; Malone v.…
2Cases cited4 opinions
- Cutler v. Cutler.Supreme Court of North Carolina · 1902
- Steele v. PriceCourt of Appeals of Kentucky · 1844
- Bethell v. . MooreSupreme Court of North Carolina · 1837
- Brown's WillCourt of Appeals of Kentucky · 1840
3Cited by11 opinions
- In Re Will of HallSupreme Court of North Carolina · 1960
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
- In Re the Will of BallSupreme Court of North Carolina · 1945
- Montague v. StreetNorth Dakota Supreme Court · 1930
- Boddy v. BoddyNew Mexico Supreme Court · 1966
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