Hise v. . Fincher
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Burke County, at the Spring Term, 1849, his,, Honor Judge Bailey presiding. A paper writing was propounded, as the last will of George Hise, deceased, by George W. Hise, and the probate was opposed by Joshua Fincher and his wife, Elizabeth, who is a daughter of the party deceased ; and an issue of devisavit vel non was made up under the direction of the Court.
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Appeal from the Superior Court of Law of Burke County, at the Spring Term, 1849, his,, Honor Judge Bailey presiding. A paper writing was propounded, as the last will of George Hise, deceased, by George W. Hise, and the probate was opposed by Joshua Fincher and his wife, Elizabeth, who is a daughter of the party deceased ; and an issue of devisavit vel non was made up under the direction of the Court. The script purports to bear date the 22nd of June, 1S43, and to devise and bequeath land and chattels to the widow of the deceased, to his son the said George W. Hise, who is also nominated the…
1Opinion of the CourtEuffin, C. J.
Upon the supposition, that the evidence of George W. Hise’s declarations were admissible to affect the interests of the other devisees, the Court is of opinion, that there was, yet, error in the effect given to them, as establishing, if true, a legal revocation. The Act of 1819, Rev. Stat. ch. 122, sec. 12 and 13, contains substantially the same provisions on this subject with those of Stat. 29, Charles 2, and therefore is to receive the like construction. No devise of lands nor will of personalty, is revocable, otherwise than by some other will, or writing declaring the same, or by burning,…
Also in this document: Per curiam.
2Cited by3 opinions
- In Re Estate of SilvaCalifornia Supreme Court · 1915
- Fawcett v. . FawcettSupreme Court of North Carolina · 1926
- In Re Last Will & Testament of LoveSupreme Court of North Carolina · 1923