Whitfield v. . Hurst
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Wayne County, at the Spring Term, 1847, his Honor Judge Pearson presiding. This is a proceeding to obtain the probate of a paper as the testament of Sarah B. Hurst, a married woman; which is opposed by the administ2’ator of the husband who died since the death of his wife.
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Appeal from the Superior Court of Law of Wayne County, at the Spring Term, 1847, his Honor Judge Pearson presiding. This is a proceeding to obtain the probate of a paper as the testament of Sarah B. Hurst, a married woman; which is opposed by the administ2’ator of the husband who died since the death of his wife. Just before the marriage the intended husband executed to the lady, then Sarah B. Whitfield and a widow, an agreement in the following words ; “Know all men that we, John B. Hurst and Sarah B. Whitfield of the County of Wayne, have this 6th day of April 1826, made and entered into…
1Opinion of the CourtRuffin, C. J.
Although the points were not presented in the most formal and convenient method in the Superior Court, yet the opinions given on them were, we think, substantially correct, and therefore the judgment must be affirmed. Proceedings of this kind have been so rare here, that no particulars have been settled for them. The statute says, indeed, that the validity of every con. tested will shall be tried by a jury, upon an issue made up under the direction of the Court. But it is manifest that such questions, as those made in this case, do not properly enter into the issue of devisavit vel non. For,…
2Cited by1 opinion
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