Legal Opinion

In Re Will of Ross

Supreme Court of North Carolina

Decided November 23, 1921Published

Appeal by caveators from Ray, J., at March Term, 1921, of Ukioh. Issue of devisavit vel non raised by a caveat to the will of Maggie A. Ross. Alleged mental incapacity, undue influence and want of due execution are the grounds upon which the caveat is based.

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Appeal by caveators from Ray, J., at March Term, 1921, of Ukioh. Issue of devisavit vel non raised by a caveat to the will of Maggie A. Ross. Alleged mental incapacity, undue influence and want of due execution are the grounds upon which the caveat is based. The jury returned the following verdict: “Is the paper-writing propounded, and every part thereof, and the codicil attached thereto, the last will and testament of Maggie Ross, deceased? Answer:‘Yes.’” From the judgment rendered the caveators appealed.

1Opinion of the CourtStacy, J.

The trial of this cause in the Superior Court was a long-drawn-out and vigorous contest. It required fifteen days to try the case. Nearly one hundred witnesses were examined; the record is voluminous, and we would not be disposed to grant a new trial for any technical or formal error. In fact, it is now the settled rule of appellate courts that verdicts and judgments will not be set aside for harmless error, or for mere error and no more. To accomplish this result, it must be made to appear not only that the ruling complained of was erroneous, but that it was material and prejudicial,…

2Cases cited21 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Kerr v. LunsfordWest Virginia Supreme Court · 1888
  3. Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
  4. In Re Will of CravenSupreme Court of North Carolina · 1915
  5. Barnhardt v. . SmithSupreme Court of North Carolina · 1882

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