Howell v. . Troutman
Supreme Court of North Carolina
This was an ■ issue of hev-isavit vel non, tried before Osborne, J., at Spring Term,, 1860, of Rowan, Superior Court., The paper writing purporting to be the last will and testament of''Jacob Troutman, deceased, contained the following-bequests and devises: “Item 3d.
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This was an ■ issue of hev-isavit vel non, tried before Osborne, J., at Spring Term,, 1860, of Rowan, Superior Court., The paper writing purporting to be the last will and testament of''Jacob Troutman, deceased, contained the following-bequests and devises: “Item 3d. I will andi bequeath to Ann Allmond’two,hundred and fifty dollars, provided the said Ann shall live with my wife, Polly, and assist her in health and in sickness-j and if the said Ann shall faithfully perform her duty to my said wife during the life of my wife or widowhood, then at the death *of my said wife, I will and bequeath…
1Opinion of the CourtBattle, J.
"We concur in the opinion of his Honor who tried this cause, that there was no evidence of the will’s hav ing been procured by the fraud and undue influence of Ann Allmond or any other person. It was abundantly proved, and is conceded, that the alleged testator was of sound and disposing mind and memory, when he executed the script which is propounded for probate as his will. The only circumstance from which it is sought to be inferred that he executed it under the effect of fraud, or under the exercise of undue influence, is that Ann Allmond, his housekeeper, a white woman, induced him to…
2Cited by2 opinions
- Smith v. DiggsCourt of Appeals of Maryland · 1916
- Central Carolina Bank & Trust Company v. BassSupreme Court of North Carolina · 1965