In Re Cox's Will
Supreme Court of North Carolina
Issue of devisavit vel non, tried before his Honor Judge Bailey, at the Spring Term, 1854, of Currituck Superior Court. The will was propounded by John Cox, jr., the executor named therein, who gave notice to the next of kin, who came in and made up this issue.
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Issue of devisavit vel non, tried before his Honor Judge Bailey, at the Spring Term, 1854, of Currituck Superior Court. The will was propounded by John Cox, jr., the executor named therein, who gave notice to the next of kin, who came in and made up this issue. One of the subscribing witnesses to the script, propounded as the last will and testament of John-Cox, deceased, testified that he drew the paper writing in question, by a copy which he had, and that this was done at his own house, and that he at the same time wrote the attestation clause; and supposing that the testator desired that…
1Opinion of the CourtPeaesoN, J.
A good deal can be said on both sides of the question.
On the one hand, while it is admitted that the requirement of the statute had not been literally complied with, it is insisted that there has been a substantial compliance; that the object for requiring the witnesses to subscribe in the presence of the testator was to prevent fraud, and guard against the possibility of having one paper substituted for another ; and that, according to the proof in this c;ise, this object has been fully answered; for the testator took the paper into his hands, so as to know it to be the same, and the witness…
2Cited by2 opinions
- Cutler v. Cutler.Supreme Court of North Carolina · 1902
- In Re Will of Elijah PopeSupreme Court of North Carolina · 1905