In re Will of Deyton
Supreme Court of North Carolina
ActioN of devisavit vel non,-tried before Justice, J., and a jury, at February Term, 1919, of Buncombe. Tbis is a proceeding begun before the clerk of the Superior Court of Buncombe County to probate a paper-writing purporting to be the last will and testament of Margaret Deyton, deceased, in solemn form. A ■caveat having been filed, the issue devisavit vel non was raised and the cause was transferred to the civil issue docket for trial upon that issue.
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ActioN of devisavit vel non,-tried before Justice, J., and a jury, at February Term, 1919, of Buncombe. Tbis is a proceeding begun before the clerk of the Superior Court of Buncombe County to probate a paper-writing purporting to be the last will and testament of Margaret Deyton, deceased, in solemn form. A ■caveat having been filed, the issue devisavit vel non was raised and the cause was transferred to the civil issue docket for trial upon that issue. At the February Term, 1919, it was heard by the court and a jury. ' At the close of the evidence the tidal judge directed a verdict as…
1Opinion of the Court
Waiker, J".,
after stating the case: As the judge gave a peremptory instruction^ to the jury that the issue should be answered “No,” the evidence must be taken as true and considered in the most favorable view for the propounders, and if there is any inference of fact which the jury may have drawn from it, and which would sustain the paper-writing, or either of them, as the will of the deceased, the charge was erroneous, and we are of the opinion that there was such evidence.
The legal effect of a directed verdict is the same as that of a nonsuit or dismissal under the statute (Hinsdale Act),…
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- In Re the Will of FranksSupreme Court of North Carolina · 1949
- Efird v. EfirdSupreme Court of North Carolina · 1951
- Richardson v. . CheekSupreme Court of North Carolina · 1937
- In Re Will of KellySupreme Court of North Carolina · 1934
- In Re Will of EllisSupreme Court of North Carolina · 1952
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