In Re Will of Elijah Pope
Supreme Court of North Carolina
Issue devisavit vel non, on a paper writing propounded as the will of Elijah Pope, deceased, transferred from the clerk, and heard by Judge B. F. Long and a jury, at the January Term, 1905, of the Superior Court of Iredell County. There was testimony to the effect that there were present at the execution of the paper, the alleged testator, D. J. Eul-bright, a justice of the peace, Martin Miller, Candace Pope and Charlie Pope.
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Issue devisavit vel non, on a paper writing propounded as the will of Elijah Pope, deceased, transferred from the clerk, and heard by Judge B. F. Long and a jury, at the January Term, 1905, of the Superior Court of Iredell County. There was testimony to the effect that there were present at the execution of the paper, the alleged testator, D. J. Eul-bright, a justice of the peace, Martin Miller, Candace Pope and Charlie Pope. D. J. Eulbright prepared the paper and same was signed by Elijah Pope as his last will and testament in the presence of two witnesses; Martin Miller signed his name as…
1Opinion of the CourtHoKE, J.
The point which the parties desired and intended to present and which the record does present, is thus stated in the case on appeal: “The only question is as to the attestation of the will by one of the subscribing witnesses, C. L. Pope, her name appearing thereon in the normal handwriting of the other subscribing witness, M. L. Miller, and nothing appearing on the face of the paper to show that Miller had authority to sign her name, or that the subscription is not in her handwriting, except from the evidence which is set forth in the case.”
On that question the court is of opinion that there…
2Cases cited7 opinions
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Simmons v. LeonardTennessee Supreme Court · 1892
- Riley v. RileySupreme Court of Alabama · 1860
- McFarland v. BushTennessee Supreme Court · 1895
- Pridgen v. Pridgen's HeirsSupreme Court of North Carolina · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re the Will of FranksSupreme Court of North Carolina · 1949
- In Re the Will of McDonaldSupreme Court of North Carolina · 1941
- Estate of Fleishman, Superior Court of California, County of San Francisco1892
- In re: GreenamyerCourt of Appeals of North Carolina · 2026