Alston v. Davis
Supreme Court of North Carolina
'This was an issue of devisavit vel non, tried at January-Term, 1896, of FeáNklin Superior Court, before Robinson,. J. The jury rendered the following special verdict : “ 1. That Augustus Davis was one of the children of' Thomas Davis, and from him inherited about two hundred acres of land in Franklin county, North Carolina, and this was all the land he ever owned in said county, either by inheritance or otherwise.
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'This was an issue of devisavit vel non, tried at January-Term, 1896, of FeáNklin Superior Court, before Robinson,. J. The jury rendered the following special verdict : “ 1. That Augustus Davis was one of the children of' Thomas Davis, and from him inherited about two hundred acres of land in Franklin county, North Carolina, and this was all the land he ever owned in said county, either by inheritance or otherwise. This land was set apart to-the said Augustus Davis, in a regular partition proceeding, begun after the death of said Thomas Davis, in Franklin county, for the purpose of dividing…
1Opinion of the Court
Avery, J.:
In response to the issue of devisavit vel non the jury returned a special verdict upon which the court below rendered the judgment appealed from. The two elements of every will, that is operative to transmit property, are that it shall disclose the intention of the maker concerning the disposition of his property after his death, and that it shall be executed and attested according to the requirements of law. No particular form is prescribed or is necessary. However inartificial the language in which it is expressed, and even where the apt legal words which ordinarily characterize a…
2Cases cited1 opinion
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
3Cited by14 opinions
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- Arendt v. ArendtSupreme Court of Arkansas · 1906
- Efird v. EfirdSupreme Court of North Carolina · 1951
- In Re Will of SmithSupreme Court of North Carolina · 1940
- In Re the Will of MucciSupreme Court of North Carolina · 1975
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