Bynum v. . Bynum
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Randolph County, at the Spring Term 1850, his Honor Judge Bat.tle presiding. This is an issue of devisavit vel vion.upon a script alleged to be the last will and testament of Martha Ward, deceased.
Read the full summary
Appeal from the Superior Court of Law of Randolph County, at the Spring Term 1850, his Honor Judge Bat.tle presiding. This is an issue of devisavit vel vion.upon a script alleged to be the last will and testament of Martha Ward, deceased. It bears date, July 13th 1833, and has two subscribing witnesses, W. X Fuller and W. Gates; and it gives to Nathaniel Ward, one of the brothers of Martha, her half of a tract of land, on which they lived, containing 670 acres, eight slaves, a bed and furniture, and all her other property.’ She died in 1834, and Nathaniel Ward then obtained probate in common…
1Opinion of the CourtRuffin, C. J.
As the paper was executed before 1840, attestation was not necessary to its validity as a will of personalty; and probably the presiding Judge would not have allowed a mistake of that kind — arising from a mere slip of his memory or attention — to prejudice the party, and would have granted a new trial, but (or the desire to have the litigation put into a way to be terminated by having the other points decided. The Court thinks, however, that the propounder could not only ask for a new trial, but that he is entitled to a venire de novo, for error in that part of the instructions. The…
2Cited by15 opinions
- Jarrett v. High Point Trunk & Bag Co.Supreme Court of North Carolina · 1907
- Jones v. BlandSupreme Court of North Carolina · 1921
- Jones v. . BlandSupreme Court of North Carolina · 1921
- In Re Will of FullerSupreme Court of North Carolina · 1925
- Burney v. . AllenSupreme Court of North Carolina · 1899
10 more not listed; retrieve them via the Exa API.