Legal Opinion · Concurrence

In Re Will of Ross

Supreme Court of North Carolina

Decided November 23, 1921PublishedCited by 45 opinions

Appeal by caveators from Ray, J., at March Term, 1921, of Ukioh. Issue of devisavit vel non raised by a caveat to the will of Maggie A. Ross. Alleged mental incapacity, undue influence and want of due execution are the grounds upon which the caveat is based.

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Appeal by caveators from Ray, J., at March Term, 1921, of Ukioh. Issue of devisavit vel non raised by a caveat to the will of Maggie A. Ross. Alleged mental incapacity, undue influence and want of due execution are the grounds upon which the caveat is based. The jury returned the following verdict: “Is the paper-writing propounded, and every part thereof, and the codicil attached thereto, the last will and testament of Maggie Ross, deceased? Answer:‘Yes.’” From the judgment rendered the caveators appealed.

1ConcurrenceWalker, J.

Issue of devisavit vel non raised by a caveat to the will of Maggie A. Ross. Alleged mental incapacity, undue influence and want of due execution are the grounds upon which the caveat is based.

The jury returned the following verdict:

"Is the paper-writing propounded, and every part thereof, and the codicil attached thereto, the last will and testament of Maggie Ross, deceased? Answer: `Yes.'"

From the judgment rendered the caveators appealed. The trial of this cause in the Superior Court was a long-drawn-out and vigorous contest. It required fifteen days to try the case. Nearly one hundred…

2Cases cited22 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Kerr v. LunsfordWest Virginia Supreme Court · 1888
  3. Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
  4. Bost v. . BostSupreme Court of North Carolina · 1882
  5. In Re Will of CravenSupreme Court of North Carolina · 1915

17 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. State v. . BealSupreme Court of North Carolina · 1930
  2. State v. . LeaSupreme Court of North Carolina · 1932
  3. State v. BealSupreme Court of North Carolina · 1930
  4. Collins v. . LambSupreme Court of North Carolina · 1939
  5. State v. PoolosSupreme Court of North Carolina · 1955

40 more not listed; retrieve them via the Exa API.

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