Bissett v. . Bailey
Supreme Court of North Carolina
Actiok tried before Kerr, Jand a jury, at April Term, 1918, of Nash. , ■ The action was brought to set aside a deed alleged to have been executed by Mrs. Nancy Bailey to her son, C. W. Bailey, who is the defendant, on 12 August, 1914. Mrs. Bailey was about 70 years old when she died, 30 August, 1914. She was feeble for some time before her death, and had two falls — one which broke her arm, and the other her leg or hip, the latter seeming to have caused or hastened her…
Read the full summary
Actiok tried before Kerr, Jand a jury, at April Term, 1918, of Nash. , ■ The action was brought to set aside a deed alleged to have been executed by Mrs. Nancy Bailey to her son, C. W. Bailey, who is the defendant, on 12 August, 1914. Mrs. Bailey was about 70 years old when she died, 30 August, 1914. She was feeble for some time before her death, and had two falls — one which broke her arm, and the other her leg or hip, the latter seeming to have caused or hastened her death. There was testimony offered by the plaintiff of her bad mental and physical condition, and of her want of sufficient…
1Opinion of the Court
Walxer, J.,
after stating the case: The testimony offered by the plaintiffs as to the mental capacity of Mrs. Bailey, the grantor in the deed, was competent and material, and it was error to exclude it.
We were informed at the hearing that the ruling was based on the ground that the proposed evidence involved the stating of a transaction or communication between the witnesses, who were parties to the action, and the deceased, but we do not think it does have that effect, in the true sense of the law, which generally excludes such transactions and communications. "We recently said, in the case…
2Cases cited7 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- McLeary v. . NormentSupreme Court of North Carolina · 1881
- In Re Will of ChismanSupreme Court of North Carolina · 1918
- Linebarger v. Linebarger.Supreme Court of North Carolina · 1906
- McCanless v. ReynoldsSupreme Court of North Carolina · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re the Will of BrownSupreme Court of North Carolina · 1927
- In Re Will of BrownSupreme Court of North Carolina · 1932
- Whitley v. ReddenSupreme Court of North Carolina · 1970
- State ex rel. Lockhart v. RogersWest Virginia Supreme Court · 1950
- In Re Will of KestlerSupreme Court of North Carolina · 1947
8 more not listed; retrieve them via the Exa API.