In Re the Will of Guthrie

Supreme Court of North Carolina

In Re the Will of Guthrie

129 S.E. 926, 190 N.C. 855, 1925 N.C. LEXIS 203

DecidedSeptember 30, 1925

StatusPublished

This text of 129 S.E. 926 (In Re the Will of Guthrie) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re the Will of Guthrie, 129 S.E. 926, 190 N.C. 855, 1925 N.C. LEXIS 203 (N.C. 1925).

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Opinion

Pee Cueiam.

We find no error in the rulings of the court upon the admission or rejection of evidence, or in instructions given to the jury in the charge of the court. Both are sustained by the decisions of this Court. The exceptions were not well taken; assignments of error based thereon are not sustained.

We note the suggestion in the brief of counsel for caveator relative to the issues submitted. He expressed the opinion that only one issue should be submitted in a proceeding for the probate of a will in solemn form. However, there were no exceptions to the issues as submitted in this case. This Court has approved these issues, and no reason appears to us why the issues approved in the Herring Will Case, 152 N. C., 258, are not proper, when undue influence and want of mental capacity are relied upon by k caveator. There is

No error.

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Pee Cueiam.

We find no error in the rulings of the court upon the admission or rejection of evidence, or in instructions given to the jury in the charge of the court. Both are sustained by the decisions of this Court. The exceptions were not well taken; assignments of error based thereon are not sustained.

We note the suggestion in the brief of counsel for caveator relative to the issues submitted. He expressed the opinion that only one issue should be submitted in a proceeding for the probate of a will in solemn form. However, there were no exceptions to the issues as submitted in this case. This Court has approved these issues, and no reason appears to us why the issues approved in the Herring Will Case, 152 N. C., 258, are not proper, when undue influence and want of mental capacity are relied upon by k caveator. There is

No error.

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Bluebook (online)

129 S.E. 926, 190 N.C. 855, 1925 N.C. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-will-of-guthrie-nc-1925.