Vaught v. Williams
Supreme Court of North Carolina
Appeal by defendants from Cline, J., at tbe June Special Term, 1918, of AvERY. This is an action to recover a tract of land in Mitchell County, brought by the plaintiffs, who are the heirs of John L. Yaught, against the defendants, who are purchasers under a deed executed by the executrix of the said Yaught.
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Appeal by defendants from Cline, J., at tbe June Special Term, 1918, of AvERY. This is an action to recover a tract of land in Mitchell County, brought by the plaintiffs, who are the heirs of John L. Yaught, against the defendants, who are purchasers under a deed executed by the executrix of the said Yaught. John L. Yaught died in Tennessee, of which State he was a resident, on 27 February, 1907, leaving a will in which he empowered and directed his executrix to sell said tract of land and to apply the proceeds to the payment of his debts and to make deeds to the purchasers. The executrix was…
1Opinion of the CourtAlleN, J.
Tbe first objection of tbe plaintiffs is to tbe admission in evidence of tbe will of Jobn L. Vaugbt, under wbicb tbe defendants claim, upon tbe ground tbat it was recorded in tbis State without authority of law, in tbat tbe clerk, ordering tbe will to record, failed to require tbe appearance and examination of tbe attesting witnesses, and they rely on Hunter v. Kelly, 92 N. C., 285, wbicb seems to sustain tbis position.
It was held in tbat case tbat tbe will of a nonresident, probated and recorded in tbe State of tbe domicile, could not be admitted to probate in tbis State upon a certified…
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- McFaddin v. Evans-Snider-Buel Co.Supreme Court of the United States · 1902
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- Ramsey v. . DavisSupreme Court of North Carolina · 1927