In Re the Probate of the Will of Haygood
Supreme Court of North Carolina
This is an appeal from an order of Gilmer, J., made at August Term, 1888, of the Superior Court of Mecklenburg County, in the matter of the will of Rebecca Annie Haygood. The following is the case settled on appeal for this Court : “This was a petition for probate of a nuncupative will before the Clerk of the Superior Court of Mecklenburg County.
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This is an appeal from an order of Gilmer, J., made at August Term, 1888, of the Superior Court of Mecklenburg County, in the matter of the will of Rebecca Annie Haygood. The following is the case settled on appeal for this Court : “This was a petition for probate of a nuncupative will before the Clerk of the Superior Court of Mecklenburg County. Rebecca Annie Playgood died at her residence in Mecklen-burg County, N. C.,' on the 25th day of September, 1887, having, on the day before her death, as alleged by petitioners, made a nuncupative will, in which the petitioners were named as legatees.…
1Opinion of the CourtMerrimon, J.
(after stating the case.) The statute (The Code, § 2148) prescribes how wills shall be admitted to probate, and as to nuncupative wills it provides, among other things, as follows: “ No nuncupative will shall be proved by the witnesses after six months from the making thereof, unless it was put in writing within ten days from such making, nor shall it be proved till citation has been first issued pr publication been made for six weeks in some newspaper published in the State to call in the widow and next of kin to contest such will, if they think proper.” It seems to us that a just…
2Cited by3 opinions
- In Re the Last Will & Testament of LomaxSupreme Court of North Carolina · 1946
- In Re Will of BrockSupreme Court of North Carolina · 1948
- McBrayer v. Haynes.Supreme Court of North Carolina · 1903