In Re Will of Rawlings
Supreme Court of North Carolina
Appeal by propounder from Justice, J., at tbe June Term, 1915, of EOCKINSHAM. Issue of devismit vel non, raised by a caveat to tbe will of Jane S. Eawlings, tried upon these issues submitted without objection: 1. Was tbe execution of tbe paper-writing purporting to be tbe last will and testament of Jane Spaulding Eawlings procured by tbe fraud and undue influence of John D. Huffines? Answer; Yes. 2. Did Jane Spaulding Eawlings, at tbe time of tbe execution of said…
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Appeal by propounder from Justice, J., at tbe June Term, 1915, of EOCKINSHAM. Issue of devismit vel non, raised by a caveat to tbe will of Jane S. Eawlings, tried upon these issues submitted without objection: 1. Was tbe execution of tbe paper-writing purporting to be tbe last will and testament of Jane Spaulding Eawlings procured by tbe fraud and undue influence of John D. Huffines? Answer; Yes. 2. Did Jane Spaulding Eawlings, at tbe time of tbe execution of said paper-writing, to wit, 3 November, 1911, have sufficient mental capacity to execute tbe same? Answer: No. 3. Is tbe paper-writing…
1Opinion of the CourtBeowN, J.
The wise course pursued by his Honor in dividing the issues relating to undue influence and mental capacity, instead of submitting the one issue of devisavit vel non, has rendered it unnecessary to order a new trial in this case, and has enabled us to affirm a judgment which, tested by the great weight of the evidence in the record, ought to he affirmed.
The evidence discloses that the testatrix, Jane Spaulding, was wholly illiterate and never able to either read or write, and not able to manage her own small estate. In 1906 she met J. D. Huffines, the propounder, a real estate dealer in…
2Cases cited9 opinions
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
- Bost v. . BostSupreme Court of North Carolina · 1882
- McLeary v. . NormentSupreme Court of North Carolina · 1881
- Crenshaw v. JohnsonSupreme Court of North Carolina · 1897
- State v. . KetcheySupreme Court of North Carolina · 1874
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- Woodard v. MordecaiSupreme Court of North Carolina · 1951
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- In Re Will of AtkinsonSupreme Court of North Carolina · 1945
- In re Will of TatumSupreme Court of North Carolina · 1951
- In Re the Will of KempSupreme Court of North Carolina · 1951
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