In Re Scarborough Will
Supreme Court of North Carolina
This was a rule against B. F. Scarborough to appear and show cause why he should not be attached for contempt in not producing the will of Sam W. Scarborough for probate before the clerk of the Superior Court of Guilford County, heard by Judge Geo. W. Ward, by consent, at the August Term, 1905, of the Superior Court of Guilfobd County, on appeal from an order of said clerk adjudging the respondent in contempt.
Read the full summary
This was a rule against B. F. Scarborough to appear and show cause why he should not be attached for contempt in not producing the will of Sam W. Scarborough for probate before the clerk of the Superior Court of Guilford County, heard by Judge Geo. W. Ward, by consent, at the August Term, 1905, of the Superior Court of Guilfobd County, on appeal from an order of said clerk adjudging the respondent in contempt. From the judgment discharging the respondent, the petitioners, A. E. and Clyde Scarborough, executors under said will, appealed.
1Opinion of the CourtClaris, C. J.
S. W. Scarborough died 22 May, ,1905, in Lenoir County. Tbe clerk of tbe Superior Court of Guil-ford County, being of opinion that tbe deceased bad bis legal domicile in tbe county of Guilford at tbe time of bis death, on 21 May, appointed collectors of bis estate, and issued by virtue of section 2154 of Tbe Code to tbe respondent in Lenoir County, who bad tbe will of tbe deceased in bis possession, notice to exhibit tbe same for probate in Guilford County. The notice was served on tbe respondent 29 May. Thereafter on the same day, tbe respondent consulted counsel in Kinston, Lenoir County,…
2Cases cited4 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- In re GorhamSupreme Court of North Carolina · 1901
- Turner v. Threshing MacHine Co.Supreme Court of North Carolina · 1903
- King v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
3Cited by1 opinion
- In Re Custody of MorrisSupreme Court of North Carolina · 1945