Yorkly v. . Stinson
Supreme Court of North Carolina
PetitioN for dower, heard by MacRae, Judge, on appeal from a judgment of the clerk, at March Term, 1886, of Davidson Superior Court. Samuel Yorldy died in July, 1881, leaving a will, wherein he appoints the defendant William F. Henderson executor and testamentary guardian to his infant son, the defendant Samuel Iiill Yorkly. He left also a daughter, the defendant Mary A. Stinson, and the plaintiff, his surviving widow.
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PetitioN for dower, heard by MacRae, Judge, on appeal from a judgment of the clerk, at March Term, 1886, of Davidson Superior Court. Samuel Yorldy died in July, 1881, leaving a will, wherein he appoints the defendant William F. Henderson executor and testamentary guardian to his infant son, the defendant Samuel Iiill Yorkly. He left also a daughter, the defendant Mary A. Stinson, and the plaintiff, his surviving widow. At the time of his death the testator possessed over 500 acres of land, of which he devises one half to his wife for life or widowhood, and the residue to his son in fee. Of…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). We attach no special significance to the fact that the plaintiff, with others, availed themselves of a clear legal right, possessed by every person interested in the result, to have the alleged testamentary paper propounded anew and proved per testes. The right to require this in a proper manner, is conferred by law, and its exercise cannot be attended with the deprivation or impairment of other rights, because of an unsuccessful opposition to the script. It remains as if no resistance had been offered to the probate, for the- plaintiff to assert any…
2Cases cited2 opinions
- Syme v. . BadgerSupreme Court of North Carolina · 1885
- Ramsour v. . RamsourSupreme Court of North Carolina · 1869
3Cited by8 opinions
- Allen v. . AllenSupreme Court of North Carolina · 1897
- Whitehurst v. . GotwaltSupreme Court of North Carolina · 1925
- Exchange National Bank of Winter Haven v. SmithSupreme Court of Florida · 1941
- Patmore v. MacKecknieCalifornia Court of Appeal · 1956
- Goodrum v. GoodrumSupreme Court of Arkansas · 1892
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