In re Shelton's Will
Supreme Court of North Carolina
PROCEEDING beard by Judge Henry B. Bryan and a jury, in the Superior Court of Lincoln, wherein A. F. Shelton appeared as propounder for probate of a paper-writing as the last will of F. M. Shelton, who died on 25 January, 1905, and the administrator of the estate of F. M. Shelton appeared to contest the probate. The paper-writing executed by F. M. Shelton in 1902 was offered in evidence as his will.
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PROCEEDING beard by Judge Henry B. Bryan and a jury, in the Superior Court of Lincoln, wherein A. F. Shelton appeared as propounder for probate of a paper-writing as the last will of F. M. Shelton, who died on 25 January, 1905, and the administrator of the estate of F. M. Shelton appeared to contest the probate. The paper-writing executed by F. M. Shelton in 1902 was offered in evidence as his will. The following words were written in ink on the margin thereof, to-wit: “This will I this day make void and of no effect. January 16, 1905. - F. M. Shelton.” The contention of the contestant was…
1Opinion of the CourtBeowR, J.
We will not discuss seriatim tbe twenty-seven exceptions set out in tbe record, but will consider only sucb phases of tbe case as we deem necessary. Tbe learned counsel for tbe caveator in an able argument and carefully prepared brief bas pointed out many alleged errors in tbe record, none of wbiclr are, in our opinion, sufficiently serious to warrant another trial of' tbe issue. It is plain that tbe testator did not revoke tbe will by “cancelling, tearing, or obliterating tbe same.”- It seems to be generally held that cancellation, obliteration, or erasure made after tbe execution of a will,…
2Cases cited16 opinions
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Tynan v. PaschalTexas Supreme Court · 1863
- Wolf v. BollingerIllinois Supreme Court · 1872
- In Matter of the Estate of Lambie v. McMillan (Mich. 10-2-1893)Michigan Supreme Court · 1893
- Lawyer v. SmithMichigan Supreme Court · 1860
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3Cited by3 opinions
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