Hughes v. . Smith
Supreme Court of North Carolina
Caveat, tried before Watts, J., at Spring Term 1870 of Northampton Court. The script propounded purported to be a holograph, and the only question was, whether it had been found in a proper place of deposit. That place was an upright desk, with a door swinging on binges at tbe bottom, and looked at tbe top. Tbe door protected a space occupied, above by pigeon-boles,. and, below, by two small drawers wbicb were closed but bad no locks.
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Caveat, tried before Watts, J., at Spring Term 1870 of Northampton Court. The script propounded purported to be a holograph, and the only question was, whether it had been found in a proper place of deposit. That place was an upright desk, with a door swinging on binges at tbe bottom, and looked at tbe top. Tbe door protected a space occupied, above by pigeon-boles,. and, below, by two small drawers wbicb were closed but bad no locks. In tbe pigeon-boles were found, — filed, and covered with a clotb-wrapper, — notes, &c., belonging to tbe deceased, to tbe value of seventy thousand dollars or…
1Opinion of the CourtHick, J.
Tbe only question presented, is whether tbe holograph script propounded for probate, was found in such a. place of deposit as to satisfy tbe requirements of tbe statute: Bev. Code, cb. 119, sec. 1. Similar questions have often been before tbis Court, and tbe principles by wbicb they are governed, are well settled: Little v. Lockman, 4 Jon. 494; Hill v. Bell, Phil. 122.
Tbe requirements of tbe statute are sufficiently compbed with if tbe script is- found among tbe valuable papers and effects, under such circumstances as to show that tbe deceased regarded it as a valuable paper, and desired it…
2Cited by13 opinions
- In Re WestfeldtSupreme Court of North Carolina · 1924
- In re Will of JenkinsSupreme Court of North Carolina · 1911
- In re Last Will & Testament of WestfeldtSupreme Court of North Carolina · 1924
- In Re Sheppard's WillSupreme Court of North Carolina · 1901
- Phosphate Co. v. . JohnsonSupreme Court of North Carolina · 1924
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