In Re Will of Amelia Everett
Supreme Court of North Carolina
Appeal from Ferguson, J., at January Special Term, 1910, of WASHINGTON. Tbis is an issue of devisavit vel non. Tbe propounders of tbe will are Addison Everett, tbe brother of testatrix, tbe executor to tbe will, and certain other legatees. Tbe caveator is Harry Wheelock, tbe only son of testatrix.
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Appeal from Ferguson, J., at January Special Term, 1910, of WASHINGTON. Tbis is an issue of devisavit vel non. Tbe propounders of tbe will are Addison Everett, tbe brother of testatrix, tbe executor to tbe will, and certain other legatees. Tbe caveator is Harry Wheelock, tbe only son of testatrix. Tbis issue was submitted: Is tbe paper-writing propounded and every part thereof tbe last will and testament of Amelia Everett? Answer, No. From tbe judgment rendered tbe propounders appeal. Tbe facts are fully stated in tbe opinion of tbe Court.
1Opinion of the CourtBrown, J.
Tbe only assignment of error presented bere is tbe refusal of tbe judge to charge tbe jury tbat there is no sufficient evidence of undue influence.
Tbe testimony tends strongly to prove tbat Addison Everett, the executor, was the business adviser of bis sister, the testatrix; tbat a few days before her death, at a time when she was very sick in bed, be procured from her a check for about $900, all the money she bad in bank; tbat Addison stated be was getting the money for testatrix’ mother, but in fact be gave it to bis own daughter, who afterwards left for New York and has not returned. Said…
2Cases cited8 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Coghill v. KennedySupreme Court of Alabama · 1898
- Hartman v. StricklerSupreme Court of Virginia · 1886
- Boyd v. BoydSupreme Court of Pennsylvania · 1870
- Miller v. MillerSupreme Court of Pennsylvania · 1898
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3Cited by35 opinions
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- In Re the Purported Will of AndrewsSupreme Court of North Carolina · 1980
- In Re Will of MuellerSupreme Court of North Carolina · 1915
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
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