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In re Will of Stewart

In Re Will of J. C. Stewart.

In re Will of Stewart, 152 S.E. 685 (N.C. 1930)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
April 9, 1930
Judges
Stacy
Citations
152 S.E. 685198 N.C. 5771930 N.C. LEXIS 415

Opinion of the Court — Stacy

Stacy, C. J.

On the trial, the controversy narrowed itself to the single question as to whether the paper-writing, propounded as a holograph will, was found among the valuable papers and effects of the deceased. C. S., 4144. He kept it with his private papers in a locked *578 drawer of his office desk, where it was found among other papers and effects, bank books, check books, etc., in an envelope on the back of which appeared in the handwriting of the deceased: “Last Will of J. C. Stewart as made in 1926.” The evidence further discloses that the testator regarded the paper-writing as a valuable one; he wrote it and preserved it as a will, having been advised by counsel that such an instrument found among his valuable papers and effects would operate as a valid testamentary disposition of his property.

The evidence is sufficient to warrant the jury’s finding, and we have discovered no error in the trial.

In re Will of Shemwell, 197 N. C., 332 , 148 S. E., 469 ;

In re Will of Groce, 196 N. C., 373 , 145 S. E., 689 ;

In re Westfeldt, 188 N. C., 702 , 125 S. E., 531 . The verdict and judgment, therefore, will be upheld.

No error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1937: 119372026peak 1937 · 1

Relies on it most ⓘ

  1. Stewart v. Wall87 F.2d 598 (4th Cir. 1937)

Most recent

  1. Stewart v. Wall87 F.2d 598 (4th Cir. 1937)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
In re Will of Groce, 145 S.E. 689 (N.C. 1928) 6
In re the Last Will & Testament of Shemwell, 148 S.E. 469 (N.C. 1929) 2
In re Westfeldt, 125 S.E. 531 (N.C. 1924) 28

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