In Re the Last Will & Testament of Belcher
Supreme Court of North Carolina
This was an issue of devisavit vel non, tried before Moore, Judge at Spring Term 1871, of Edgecombe Superior Court. It was in evidence, by a witness, William Á. Darden, Jr., that while his command was at Sullivan’s Island, near the city of Charleston, about the 1st of July, 18G8, he was asked by John 33. Belcher to write his will.
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This was an issue of devisavit vel non, tried before Moore, Judge at Spring Term 1871, of Edgecombe Superior Court. It was in evidence, by a witness, William Á. Darden, Jr., that while his command was at Sullivan’s Island, near the city of Charleston, about the 1st of July, 18G8, he was asked by John 33. Belcher to write his will. Paper writing was drawn by the witness, of which the following, as he recollects, is a correct copy “Know all men by these presents, that I, John B. Belcber, of the State of North Carolina, Edgecombe county, for and in consideration of the natural love and…
1Opinion of the CourtBoydeN, J.
There were only two questions made in the argument of this case.
1. That the will attempted to-beset up by the propoundcr was different in form, from that found by the jury.
2. That the petition of the propounder alleged, that the will had three subscribing witnesses; and that this being alleged in the petition, all the three witnesses, should have been called, or their absence accounted for.
The Court is of opinion, that the will as found by the jury is in substance the same as alleged in the petition.
True, it has the form of a deed; but it was proved that the will was made the when the…
2Cited by8 opinions
- In re Will of DeytonSupreme Court of North Carolina · 1919
- Egerton v. . CarrSupreme Court of North Carolina · 1886
- Kerr v. Girdwood.Supreme Court of North Carolina · 1905
- In Re Will of Margaret DeytonSupreme Court of North Carolina · 1919
- In Re Will of EdwardsSupreme Court of North Carolina · 1916
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