Enloe v. . Sherrill
Supreme Court of North Carolina
Appeal from the, rtuperkn- Court of Law of Haywood County, at the Fall Term, 1845, his Honor Judge Baiijw presiding. At the. Spring term, 1843, of the Court of Picas and Quarter Sessions of Haywood County, a paper writing', purporting to be the last will and testament of Abraham Enloe, deceased, was, by the executor therein named, brought forward and propounded to the Court for probate. It was admitted to probate in the common form.
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Appeal from the, rtuperkn- Court of Law of Haywood County, at the Fall Term, 1845, his Honor Judge Baiijw presiding. At the. Spring term, 1843, of the Court of Picas and Quarter Sessions of Haywood County, a paper writing', purporting to be the last will and testament of Abraham Enloe, deceased, was, by the executor therein named, brought forward and propounded to the Court for probate. It was admitted to probate in the common form. At the same term, some of the next of kin of Abraham Enloe filed a petition for re-probate, which was ordered by the Court. Among the petitioners were John Mingus…
1Opinion of the CourtNash, J.
John Mingus and his wife were among the petitioners to set aside (he probate of the- will. When- the order is made, and the issue made up, they take their position on the record, as opponents of the will; shortly after, without any reason assigned, he is transferred from the opposing to the propound]ng side of the issue. For what purpose is this done ? No reason is assigned, but it lies too near the surface to be hidden. It became necessary to use his declarations in evidence, i.o defeat the will. While he continued a caveator, this could not be done, and the bungling device is resorted to by…
2Cited by6 opinions
- Pee v. CarlyleSupreme Court of Kansas · 1926
- In Re Will of YelvertonSupreme Court of North Carolina · 1930
- McRainy v. . ClarkSupreme Court of North Carolina · 1818
- In Re the Will of CassadaSupreme Court of North Carolina · 1948
- Love v. . JohnstonSupreme Court of North Carolina · 1851
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