In Re the Last Will & Testament of Baldwin
Supreme Court of North Carolina
Issue of devisavit vel non, heard by Moore, J., at April Term, 1907, of the Superior Court of MoNtgomeey County. By ag'reement, the Court found the facts. From the judgment rendered H. T. Baldwin, one of the propounders, appealed. Finding of facts: 1. That the propounders, H. T. Baldwin and J. IT.
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Issue of devisavit vel non, heard by Moore, J., at April Term, 1907, of the Superior Court of MoNtgomeey County. By ag'reement, the Court found the facts. From the judgment rendered H. T. Baldwin, one of the propounders, appealed. Finding of facts: 1. That the propounders, H. T. Baldwin and J. IT. Le-Grand, produced in Court a paper-writing purporting to be the last will and testament of W. S. Baldwin, deceased, a copy of Avhich is made a part of this finding: “State oe Noeth Carolina — Montgomery County. “I, W. S. Baldwin, of the county and State above named, being of sound mind and memory,…
1Opinion of the CourtBbowN, J.
Our statute (Eevisal, see. 3113), referring to wills of tbe cbaracter'of tbe paper-writing offered for probate, contains a specific requirement tbat tbe will shall be subscribed, in tbe presence of tbe testator, by two witnesses at least.
Tbe paper offered by tbe propounders was never signed by witness Covington in tbe presence of Baldwin. It appears tbat Covington wrote a will for Baldwin, and be and Baldwin signed it in tbe presence of eacb other. There is no finding of fact tbat such paper bad any other witness than Covington. It was destroyed after Baldwin’s death. It was not attached in…
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