Supreme Court of North Carolina, 1805

Dickenson v. . Stewart

Dickenson v. . Stewart
Supreme Court of North Carolina · Decided December 5, 1805 · BY THE COURT.
5 N.C. 99

Counsel

The case was argued by Gaston for the petitioners, and by Karris for the defendant.

Dickenson v. . Stewart

Opinion of the Court

By the Court.

We are of opinion that the probate qf a will in the usual form may be set aside after the term has expired at which the will was proved, and that a second probate may be ordered by the same court. As to the length of time at which this may bo done, that must depend upon the particular circumstances of the case. The court will look to all circumstances which can aid its discretion in ordering a second probate.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.