Hodges v. . Jasper
Supreme Court of North Carolina
From Washington. This was an issue of devisavit vel non. On the trial it appeared that the supposed will had been offered for probate at the October term, 1804, of Tyrrell County Court, when an issue was made up. which by appeal was finally tried in the Superior Court, for the District of Edenton, where the will was established.
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From Washington. This was an issue of devisavit vel non. On the trial it appeared that the supposed will had been offered for probate at the October term, 1804, of Tyrrell County Court, when an issue was made up. which by appeal was finally tried in the Superior Court, for the District of Edenton, where the will was established. It remained undisturbed until the Spring term, 1819, of Chowan Superior Court, when the Defendant in the present issue, filed a petition for a reprobate, upon which, at Spring term, 1821, Badger, Judge, sot aside the former probate, and directed an issue of…
1Per curiam
The demand of probate must-be dismissed ; for that it should have been made in Chowan Superior Court, as the Court in which the will was established. It was the judgment of that Court, to which the case was regularly removed, that established it, and not the judgment of the Court in which it was first offered for probate; the judgment of the latter was'vacated or annulled by the appeal. It would have been desirable to the Court, that the parties should have agreed between themselves, on some county for the trial of the matter in controversy, to prevent a further accumulation of costs, and we…
2Cited by3 opinions
- In Re Estate of Ardell Hamilton TriggTennessee Supreme Court · 2012
- Gerard's WillSuperior Court of North Carolina · 1797
- Harper v. . GraySupreme Court of North Carolina · 1816