McCormick v. . Jernigan
Supreme Court of North Carolina
This was a PROCEEDING begun before the Clerk of RICHMOND Superior Court to probate a lost will, heard by Boykin, J., at February Term, 1892.
1Opinion of the Court
Clark, J.:
The only question presented by this appeal is whether probate of a lost will can be made before the Clerk of the Superior Court in the exercise of his probate jurisdiction. By sections 2148, 2149, et seq., Clerks of the Superior Court have exclusive jurisdiction of the probate of wills. A will which has been lost before probate, remains and continues in force as a will. The Code, § 2176. The only difference between the probate of a will which can be produced and one which has been lost is as to the nature and quantity of the evidence required to prove it. The jurisdiction to prove…
2Cited by15 opinions
- Brissie v. CraigSupreme Court of North Carolina · 1950
- Starnes v. . ThompsonSupreme Court of North Carolina · 1917
- Ricks v. WilsonSupreme Court of North Carolina · 1911
- In Re Will of HedgepethSupreme Court of North Carolina · 1909
- Swift v. Superior CourtCalifornia Supreme Court · 1952
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