Legal Opinion

In Re Sheppard's Will

Supreme Court of North Carolina

Decided March 12, 1901PublishedCited by 9 opinions

A PAPER purporting to be the last will and testament of Thomas J. Sheppard was propounded for probate by William Shaw as executor. Caveat was entered by J. E. Smith-wick and others; heard by Judge íl. R. Slarbuch and a jury, at December Term, 1900, of Pitt County Superior Court. From a judgment for the caveator, the propounder appealed.

1Opinion of the CourtClaRK, J.

The script in question was found in a book in which the deceased kept valuable memoranda, among other things, accounts and also statements of the amounts of money he had on hand, which corresponded exactly with the amount found and with the several packages of money specifically bequeathed in the will. His money was found in a chest in the adjoining room.

It was admitted that the book was found in his bed, under his body, the day he died. The finder placed it on the bureau at the head of the bed; it fell behind it and was found a week later on the floor behind the bureau. The Court charged the…

2Cases cited5 opinions

  1. Winstead v. . BowmanSupreme Court of North Carolina · 1873
  2. Hughes v. . SmithSupreme Court of North Carolina · 1870
  3. Hill v. . BellSupreme Court of North Carolina · 1867
  4. Brown v. . EatonSupreme Court of North Carolina · 1884
  5. Little v. . LockmanSupreme Court of North Carolina · 1857

3Cited by9 opinions

  1. In Re WestfeldtSupreme Court of North Carolina · 1924
  2. Harper v. . HarperSupreme Court of North Carolina · 1908
  3. In re Will of JenkinsSupreme Court of North Carolina · 1911
  4. In re Last Will & Testament of WestfeldtSupreme Court of North Carolina · 1924
  5. In Re Will of GroceSupreme Court of North Carolina · 1928

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