In Re Will of Bradford
Supreme Court of North Carolina
Appeal by caveators from Iiorton, J., at November Term, 1921, of PasquotaNK. D. B. Bradford died in Elizabeth City, November, 1918. Ilis wife, aged 79, predeceased bim in December, 1916, leaving no children.
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Appeal by caveators from Iiorton, J., at November Term, 1921, of PasquotaNK. D. B. Bradford died in Elizabeth City, November, 1918. Ilis wife, aged 79, predeceased bim in December, 1916, leaving no children. After his wife’s death, he lived with his nephew, J. B. Griggs, but after a few months he married Minerva I. Gross, a trained nurse, aged 23. At his death, he left surviving him his widow, the propounder, Minerva I. Bradford; Dr. J. B. Griggs, J. B. Fearing, and Mary Whitehurst, children of two deceased sisters; and D. B. Fearing, Keith and Woodson' Fearing, grandchildren of one of his…
1Opinion of the CourtClark, C. J.
There is no allegation of any undue influence as to any of the other devises and bequests in said will nor as to the mental capacity of the testator, the sole question raised by caveators, his heirs at law, being as to the undue influence alleged to have been exerted by his wife.
Our statute, C. S., 4134, revokes any will made prior to the marriage, and the testimony of the existence of such previous will cannot be therefore considered as evidence of undue influence. Means v. Ury, 141 N. C., 248.
Indeed, on a review of tbe evidence in tbis controversy, tbe judge might almost have been justified…
2Cases cited7 opinions
- In Re PetersonSupreme Court of North Carolina · 1904
- Cornelius v. BrawleySupreme Court of North Carolina · 1891
- Lane v. . RogersSupreme Court of North Carolina · 1893
- Sawyer v. . GrandySupreme Court of North Carolina · 1893
- Watts v. . WarrenSupreme Court of North Carolina · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Whitehurst v. . GotwaltSupreme Court of North Carolina · 1925
- Price Real Estate & Insurance v. JonesSupreme Court of North Carolina · 1926
- Moore v. . MooreSupreme Court of North Carolina · 1930
- In Re the Will of TennerSupreme Court of North Carolina · 1958