In Re Will of Meadows
Supreme Court of North Carolina
PetitioN and motion, beard on appeal from tbe clerk of tbe Superior Court, before Qrady, J., at February Term, 1922, of Chaven.
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PetitioN and motion, beard on appeal from tbe clerk of tbe Superior Court, before Qrady, J., at February Term, 1922, of Chaven. Tbe petition was filed in June, 1921, by Mrs. R. J. Meadows, widow of E. H. Meadows, deceased, before tbe clerk of tbe Superior Court, acting as probate judge of said county, to recall letters of administration, issued in part to petitioner and set aside tbe same as to ber, witb a view of enabling ber to dissent from ber husband’s will and file ber petition for dower and year’s support, etc., as in case of intestacy. In support of ber petition ber affidavit is filed…
1Opinion of the CourtHoke, J.
It is tbe approved practice in this jurisdiction that courts having power to admit wills to probate may, in proper instances and on motion and due notice made in apt time, set aside the proof of a will in common form had before them and recall letters of administration or other orders made in such proceedings, or modify same, where it is clearly made to appear that their adjudications and orders have been improvidently granted, or the court has been imposed upon or misled as to the essential and true conditions existent in a given case. The principle is referred to and to some extent…
2Cases cited9 opinions
- Taylor v. . CarrowSupreme Court of North Carolina · 1911
- In Re Administration on the Estate of BattleSupreme Court of North Carolina · 1912
- Syme v. . BadgerSupreme Court of North Carolina · 1885
- In Re JohnsonSupreme Court of North Carolina · 1921
- Mendenhall v. . MendenhallSupreme Court of North Carolina · 1860
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- In Re Estate of LowtherSupreme Court of North Carolina · 1967
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- In Re Will of PuettSupreme Court of North Carolina · 1948
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