In Re Will of Swaim
Supreme Court of North Carolina
Appeal by caveators from Daniels, J., at February Term, 1913, of ALEXANDER. A paper-writing purporting to be the last will and testament of M. Swaim was offered for probate before the Clerk of the Superior Court of Alexander County, and a caveat was filed thereto.
Read the full summary
Appeal by caveators from Daniels, J., at February Term, 1913, of ALEXANDER. A paper-writing purporting to be the last will and testament of M. Swaim was offered for probate before the Clerk of the Superior Court of Alexander County, and a caveat was filed thereto. The paper-writing consists of one sheet, of four pages of legal-cap paper, which pages are in the handwriting of J. L. Gwaltney, Esq., and one sheet of four pages, one page of which sheet was written in the handwriting of said Gwaltney,. detached, the two sheets never having been fastened together. Mr. Gwaltney testified that the…
1Opinion of the CourtAlleN, J.
We have carefully considered the earnest and learned argument of counsel for the caveators, and recognize the danger of permitting detached papers to be established as one will, but difficulties of administration cannot justify the refusal to exercise jurisdiction, and we find an unbroken line of authority in England and America in support of the doctrine as contended for by the propounders.
In Bond v. Seawell, 3 Bur., 1774, Lord Mansfield said: “If the first sheet was in the room at the time when the latter sheet was executed and attested, there would remain no doubt of its being a good will…
2Cited by10 opinions
- Alexander v. . JohnstonSupreme Court of North Carolina · 1916
- Knauff v. DavidsonArizona Supreme Court · 1915
- Sleeper v. LittlefieldSupreme Judicial Court of Maine · 1930
- In Re Will of RobertsSupreme Court of North Carolina · 1960
- Castruccio v. Estate of CastruccioCourt of Appeals of Maryland · 2017
5 more not listed; retrieve them via the Exa API.