Supreme Court of North Carolina, 1925

In Re the Will of Guthrie

In Re the Will of Guthrie
Supreme Court of North Carolina · Decided September 30, 1925 · PER CURIAM.
129 S.E. 926; 190 N.C. 855; 1925 N.C. LEXIS 203 (South Eastern Reporter)

In Re the Will of Guthrie

Opinion of the Court

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.

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