King v. Kinsey
Supreme Court of North Carolina
Devisavit vel NON, as to a paper writing propounded for probate in the Probate Court of Jones county, purporting to be the will of Ivy King, deceased, and carried by appeal to the Superior Court of said county, where it was heard before his Honor, Judge Clarice, at Spring Term, 1874. The plaintiffs entered a caveat in the Probate Court and a citation issued to defendants, who propounded the paper writing, claiming under it, to appear on 18th day of April, 1874, to show cause…
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Devisavit vel NON, as to a paper writing propounded for probate in the Probate Court of Jones county, purporting to be the will of Ivy King, deceased, and carried by appeal to the Superior Court of said county, where it was heard before his Honor, Judge Clarice, at Spring Term, 1874. The plaintiffs entered a caveat in the Probate Court and a citation issued to defendants, who propounded the paper writing, claiming under it, to appear on 18th day of April, 1874, to show cause why the said paper writing should not be adjudged not to be the last will and testament of the said Ivy King. On the…
1Opinion of the CourtRodmaN, J.
The appeal from the judgment of the Probate Judge refusing to require the re-probate of the will took up nothing but the judgment appealed from. The original judgment of probate remained in force in the Probate Court. We think therefore his Honor was right in remanding the proceedings for re-probate to the Probate Court to be there proceeded in according to law, by the making up of issues which will be transmitted to the Superior Court for trial. C. C. P., see. 447.
We think also that enough appears on the pleadings to justify the Judge in ordering the will to be proved in solemn form. C. C.…
2Cited by2 opinions
- Randolph v. . HughesSupreme Court of North Carolina · 1883
- Daniel v. . BellamySupreme Court of North Carolina · 1884