In Re Perry's Will
Supreme Court of South Carolina
Before Gary, J., Lexington, September, 1915. Proceeding to prove the will of Mrs. Emma E. Perry. From a decree of the Circuit Court dismissing the appeal from the order of the probate Judge refusing probate, proponents appeal. Judge Gary filed the following decree in the Court below : Upon notice to prove the will of Mrs. Emma E. Perry in solemn form, a paper purporting to be her last will and testament was offered for probate.
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Before Gary, J., Lexington, September, 1915. Proceeding to prove the will of Mrs. Emma E. Perry. From a decree of the Circuit Court dismissing the appeal from the order of the probate Judge refusing probate, proponents appeal. Judge Gary filed the following decree in the Court below : Upon notice to prove the will of Mrs. Emma E. Perry in solemn form, a paper purporting to be her last will and testament was offered for probate. Considerable evidence was offered by both the proponents of the will and by those who resisted its being admitted to probate. The probate Judge decided against the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is a proceeding to prove the will of Mrs. Emma E. Perry in “due form of law.” The finding of the Judge of probate was against the will. An appeal from this finding in the case was heard by Judge Frank B. Gary. His Honor found that Mrs. Perry was without capacity to make a will and that she did not sign the will; From this decree this appeal is taken.
There are five exceptions, but appellant states that there are two questions, to wit: (1) Did the testatrix have testamentary capacity? (2) Is the will forgery? In argument here,…
2Cases cited4 opinions
- Mordecai v. CantySupreme Court of South Carolina · 1910
- In Re Solomons' EstateSupreme Court of South Carolina · 1906
- Thames v. RouseSupreme Court of South Carolina · 1908
- Ex Parte WallaceSupreme Court of South Carolina · 1905
3Cited by7 opinions
- Ex Parte McLeodSupreme Court of South Carolina · 1927
- Martin v. SkinnerCourt of Appeals of South Carolina · 1985
- McCollum v. BanksSupreme Court of South Carolina · 1948
- Moorer v. BullSupreme Court of South Carolina · 1948
- Hughes v. DuncanSupreme Court of South Carolina · 1935
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