Haden v. Bradshaw
Supreme Court of North Carolina
. Tliis was an insta; oL‘ devisavit vel non, tried before B alley, Judge, at the term of Ilowan Superior Court, 1863. Henry R. Bradshaw, a citizen of the County of Cabarrus was on a visit to his brother-in-law, James W. Haden, who lives in the County of Davidson, and while there was taken sick and continued so until he.died on the first day of May, 1863. Dr. Shaiuwell attended him as his physician.
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. Tliis was an insta; oL‘ devisavit vel non, tried before B alley, Judge, at the term of Ilowan Superior Court, 1863. Henry R. Bradshaw, a citizen of the County of Cabarrus was on a visit to his brother-in-law, James W. Haden, who lives in the County of Davidson, and while there was taken sick and continued so until he.died on the first day of May, 1863. Dr. Shaiuwell attended him as his physician. He testified that he was requested by the deceased to write his will, «and also to send for ‘a.minister of the Gospel. The Doctor told him that lie could not write bis will then, but tbat he (the…
1Opinion of the Court
Battle J.
In the probate of a nuncupative will, the Court ought to see that every thing which the statute requires, has been fully and faithfully observed. Rankin vs Rankin, 9 Ired., Rep. 156; Brown vs. Brown, 2 Murp. Rep. 350. In the present case it is admitted by the counsel for the caveators, that every requisition of the act (Rev. Code, ch. 119, sec. 11.) has been complied with, *265what is cabled the rogatia testium, the calling upon the witnesses to the will or some of them, “ to bear witness thereto by the testator himself.” This the counsel contends was not done ; but we think he is…
2Cited by10 opinions
- State v. ThorntonSupreme Court of North Carolina · 1904
- State v. . NipperSupreme Court of North Carolina · 1914
- People v. CurtissAppellate Division of the Superior Court of California · 1931
- Odum v. RussellSupreme Court of North Carolina · 1919
- Price v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1912
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