Judgement of October, 1797

Superior Court of North Carolina

Judgement of October, 1797

3 N.C. 2

DecidedOctober 15, 1797

StatusPublished

This text of 3 N.C. 2 (Judgement of October, 1797) is published on Counsel Stack Legal Research, covering Superior 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

Judgement of October, 1797, 3 N.C. 2 (N.C. Ct. App. 1797).

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Opinion

Per Curium-.

Williams and Haywood.

The act of 1789, ch. 23, see. 1, directs the probate of wills tobe in the court of the county where the deceased resided, to the end that those concerned to contest it, might know whe.re to go to make opposition to the probate. The parties cannot know it will be offered hete so cannot be prepared to oppose it here, et per Haywood Judge. This court, independent of the ocher reason has but an appelate jurisdiction in cases of probates, by 1 777, ch. 2, sec. 62 63, and for that, reason cannot take probate in the first instance.

Motion denied .

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Per Curium-.

Williams and Haywood.

The act of 1789, ch. 23, see. 1, directs the probate of wills tobe in the court of the county where the deceased resided, to the end that those concerned to contest it, might know whe.re to go to make opposition to the probate. The parties cannot know it will be offered hete so cannot be prepared to oppose it here, et per Haywood Judge. This court, independent of the ocher reason has but an appelate jurisdiction in cases of probates, by 1 777, ch. 2, sec. 62 63, and for that, reason cannot take probate in the first instance.

Motion denied .

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Bluebook (online)

3 N.C. 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judgement-of-october-1797-ncsuperct-1797.