Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.
Supreme Court of North Carolina
Civil actioN, tried at September Term, 1893, of Chatham Superior Court, before Brown, J. The right of plaintiff to recover was admitted to depend, among other questions, upon the sufficiency of the probate of the will of Oliver Ditson, an exemplification of which was recorded in Chatham County, to pass the land in dispute.
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Civil actioN, tried at September Term, 1893, of Chatham Superior Court, before Brown, J. The right of plaintiff to recover was admitted to depend, among other questions, upon the sufficiency of the probate of the will of Oliver Ditson, an exemplification of which was recorded in Chatham County, to pass the land in dispute. The attestation clause of the will and the probate in Massachusetts were as follows: “ Signed, sealed and published and. declared by the aforesaid testator as and for his last will and testament, in the presence of us, who at his request, in his presence, and in the…
1Opinion of the Court
Avery, J.:
The right of plaintiff to recover was dependent upon the competency of the will of Oliver Ditson, which constituted an essential link in its chain of title. The Court intimated the opinion that the probate was defective, in that it failed to show affirmatively that the will was executed in accordance with the statutes {The Code, §§ 2136 and 2156). The first of the sections referred to requires, in explicit and mandatory terms, that “ no will or testament shall be good or sufficient in law to convey or give any estate, real or personal, unless such will shall have been written in the…
2Cases cited3 opinions
- Jenkins v. . JenkinsSupreme Court of North Carolina · 1887
- Moody v. . JohnsonSupreme Court of North Carolina · 1893
- In Re ThomasSupreme Court of North Carolina · 1892
3Cited by4 opinions
- McEwan v. BrownSupreme Court of North Carolina · 1918
- McEwan v. . BrownSupreme Court of North Carolina · 1918
- In Re the Will of MarksSupreme Court of North Carolina · 1963
- Davis v. . BlevinsSupreme Court of North Carolina · 1898