Stewart v. . Stewart
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at the Fall Term, 1910, of MaooN. The facts are sufficiently stated in the opinion of the Court by Mr. Chief Justice Clark.
1Opinion of the CourtClaRK, C. J.
This is an issue of devisavit vel non. The caveator is the son by the first marriage. The propounder is the second wife and the chief beneficiary under the will. Dob-son, a witness for the propounder, certified that he had been acquainted with the testator for twenty-five years; was at one time his neighbor for seven years; had numerous transactions with him, mostly in land deals, the last being about three months before his death; had seen him frequently; had never detected anything wrong with his mind; was acquainted with his handwriting; that his mental condition was good, so far as he…
2Cases cited3 opinions
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
- Lewis v. MasonMassachusetts Supreme Judicial Court · 1872
- Smith v. . SmithSupreme Court of North Carolina · 1895
3Cited by5 opinions
- State v. HartSupreme Court of North Carolina · 1954
- In Re the Will of KempSupreme Court of North Carolina · 1953
- Brazille v. Carolina Barytes Co.Supreme Court of North Carolina · 1911
- In Re the Last Will & Testament of CraigSupreme Court of North Carolina · 1926
- McComb v. . RailroadSupreme Court of North Carolina · 1874