Edwards v. . White
Supreme Court of North Carolina
Appeal from Devin, J., at the March Term, 1920, of Halifax. Action to set aside a will alleged to be a forgery or fraudulently offered for probate as the will of Bettie Y..Johnson. The alleged will, dated 1 June, 1906, was duly probated in common form on 11 May, 1907.' The plaintiffs seek to set aside the will and probate, on the ground that the paper-writing is not the will of Mrs. Johnson, and to have an accounting and settlement with.
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Appeal from Devin, J., at the March Term, 1920, of Halifax. Action to set aside a will alleged to be a forgery or fraudulently offered for probate as the will of Bettie Y..Johnson. The alleged will, dated 1 June, 1906, was duly probated in common form on 11 May, 1907.' The plaintiffs seek to set aside the will and probate, on the ground that the paper-writing is not the will of Mrs. Johnson, and to have an accounting and settlement with. J. Albert Johnson, the person named in the paper as her executor, concerning the money and other property which came into his possession as such executor.…
1Opinion of the Court
’WalKek, J.,
after stating the case: The correctness of Judge Devin’s 'ruling is so amply sustained by several recent decisions of this Court, where the question in the case was so exhaustively discussed, that it would be nothing more than supererogation to 'go over the same ground again. It was held there' that where a probate has no inherent or fatal defect appearing upon its face, the judgment of the court having full jurisdiction of the matter, cannot be indirectly or collaterally attacked, but the assault upon it must be made in the court where the judgment admitting the will to probate…
2Cases cited11 opinions
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Collins v. . CollinsSupreme Court of North Carolina · 1899
- Hutson v. . SawyerSupreme Court of North Carolina · 1889
- Mayo v. . JonesSupreme Court of North Carolina · 1878
- Sumner v. . StatonSupreme Court of North Carolina · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Holt v. HoltSupreme Court of North Carolina · 1950
- In Re the Will of BrownSupreme Court of North Carolina · 1927
- In Re Will of PuettSupreme Court of North Carolina · 1948
- In Re Will of SpinksCourt of Appeals of North Carolina · 1970
- In Re JohnsonSupreme Court of North Carolina · 1921
11 more not listed; retrieve them via the Exa API.