Wright v. . Howe
Supreme Court of North Carolina
Issue of devismit vel non, tried before S:uepherb, ¿T., at the last Spring Term of New Hanover Superior Court. The maker of the will was an aged person o'f color, living in the town of Wilmington ; and it was proved that she looked to Mr. Wright, the sole legatee, for counsel as -a lawyer, and for protection, habitually, and, occasionally, for small sums of money — it was proved also, that be had the collection of moneys due her for rents. ’The decedent bad no relation…
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Issue of devismit vel non, tried before S:uepherb, ¿T., at the last Spring Term of New Hanover Superior Court. The maker of the will was an aged person o'f color, living in the town of Wilmington ; and it was proved that she looked to Mr. Wright, the sole legatee, for counsel as -a lawyer, and for protection, habitually, and, occasionally, for small sums of money — it was proved also, that be had the collection of moneys due her for rents. ’The decedent bad no relation except one .niece, tor whom she had .provided, by a deed of gift, for a house and lot in the said town. It was proved that…
1Opinion of the CourtManly, J.
~We have examined this case, and do not find any error in the instructions excepted to-. The case yields all question as to- the formal execution of the instrument, and its execution by one having sufficient capacity, and makes a question only upon the point of undue influence. Our attention, therefore, is directed to certain instructions upon that point alone. Undue influence is defined to be an influence by fraud or force, or by both, and, in its application to the making of a will, signifies, that through one, or both of these means, the will of the decedent was perverted from its free…
2Cited by14 opinions
- In Re Will of CravenSupreme Court of North Carolina · 1915
- In Re Will of MuellerSupreme Court of North Carolina · 1915
- In Re Will of BroachSupreme Court of North Carolina · 1916
- In Re the Will of FranksSupreme Court of North Carolina · 1949
- Hanrahan v. O'TooleSupreme Court of Iowa · 1908
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