Collins v. . Collins
Supreme Court of North Carolina
Issue of devisavit vel non in the matter of the will of J. T. Collins, tried upon appeal from the Clerk, before Moore, J., at Spring Term, 1899, of EbamtcliN Superior Court. His Honor submitted his charge in writing — embracing a summary of the evidence.
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Issue of devisavit vel non in the matter of the will of J. T. Collins, tried upon appeal from the Clerk, before Moore, J., at Spring Term, 1899, of EbamtcliN Superior Court. His Honor submitted his charge in writing — embracing a summary of the evidence. “The only issue submitted for your consideration in this case is, Us the paper writing offered for probate, or any part thereof, and if so, what part, the last will and testament of James T. Collins f “The burden of proof on this issue is on the propounders, who are Maria Collins, Peter Collins, T. M. Collins, A. M. Davis and J. C. Davis, her…
1Opinion of the CourtEaiecloth, C. J.
In the matter of J. T. Collins’s will: A paper writing purporting to be tbe last will and testament of J. T. Collins was exhibited to the Clerk for probate by the widow and heirs of the deceased, except J. K. Collins and W. G. Collins, who, without entering a formal caveat, objected to the probate and recording of said instrument. The Clerk made inquiry by taking evidence of witnesses, examined and cross-examined by the two objecting heirs. The Clerk adjudged that the motion of the propounders for probate be denied. The propounders appealed to the Superior Court, and the Clerk certified his…
2Cases cited2 opinions
- Hutson v. . SawyerSupreme Court of North Carolina · 1889
- Cornelius v. BrawleySupreme Court of North Carolina · 1891
3Cited by23 opinions
- Brewer v. RingSupreme Court of North Carolina · 1919
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
- Freeman v. . BrownSupreme Court of North Carolina · 1909
- Starnes v. . ThompsonSupreme Court of North Carolina · 1917
- Winters v. American Trust Co.Tennessee Supreme Court · 1929
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