Legal Opinion

In Re Will of Redding

Supreme Court of North Carolina

Decided November 22, 1939PublishedCited by 21 opinions

1Opinion of the CourtSchenck, J.

The proceedings to caveat a will are in rem without regard to particular persons, and must proceed to judgment, and motions as of nonsuit, or requests for direction of a verdict on the issues, will be disallowed. In re Will of Hinton, 180 N. C., 206; In re Will of Westfeldt, 188 N. C., 702.

Besides, there was ample evidence to sustain the affirmative answer to the first issue. While the witness to the will, Nettie Davis, may have wavered somewhat in her testimony, still she testified, “I signed my name there as Nettie Davis. When I signed it I was at the home of Mrs. Redding. I was on the…

2Cases cited6 opinions

  1. In Re Will of BroachSupreme Court of North Carolina · 1916
  2. Mayo v. . JonesSupreme Court of North Carolina · 1878
  3. In Re Will of StaubSupreme Court of North Carolina · 1916
  4. In re Last Will & Testament of WestfeldtSupreme Court of North Carolina · 1924
  5. In Re Will of KellySupreme Court of North Carolina · 1934

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

3Cited by21 opinions

  1. Nationwide Mutual Insurance Company v. RobertsSupreme Court of North Carolina · 1964
  2. In Re the Will of FranksSupreme Court of North Carolina · 1949
  3. In Re the Will of McCauleySupreme Court of North Carolina · 2002
  4. In Re the Will of MucciSupreme Court of North Carolina · 1975
  5. In Re the Last Will & Testament of WestSupreme Court of North Carolina · 1947

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

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