Awtrey v. Wood
Supreme Court of South Carolina
M. E. Awtrey, as executor under an alleged will of John W. Wood, deceased, offered the will for probate, and Sallie E. Wood requested that the executor be required to petition for probate in solemn form.
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M. E. Awtrey, as executor under an alleged will of John W. Wood, deceased, offered the will for probate, and Sallie E. Wood requested that the executor be required to petition for probate in solemn form. Oh appeal by the contestant to the Circuit Court from the decree of probate in solemn form, the jury found against the will, which was confirmed by the trial Judge, and the executor appeals. submit: Testimony that deceased had told respondent before his marriage to her that if she would marry him she would yet everything he had, was incompetent — this not being an action to establish a…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Erases.
The case states:
“John W. Wood, late a resident of Lexington county, died in the town of New Brookland about December 8, 1917. On December 15, 1917, M. É. Awtrey presented to the probate Court a paper purporting to be the will of John W. Wood, offering the same for probate The same was probated in common form.
“On January 9,- 1918, .Sallie W. Wood, widow of John W. Wood, filed notice requesting this Court to require the executor to file a petition asking that the will be probated in solemn form. This proceeding was had in usual form in…
2Cited by2 opinions
- Anderson v. JOHN ELLIOTT, JR.Supreme Court of South Carolina · 1955
- State v. HicksSupreme Court of South Carolina · 1973