64 S.E. 126 (N.C. 1909), Harris v. Martin

Citation:64 S.E. 126, 150 N.C. 367
Opinion Judge:CLARK, C.J.
Party Name:HARRIS et al. v. MARTIN et al.
Attorney:Aycock & Winston, R. N. Simms, and J. N. Holding, for appellants. Armstead Jones & Son and Pou & Brooks, for appellees.
Case Date:April 01, 1909
Court:Supreme Court of North Carolina
 
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Page 126

64 S.E. 126 (N.C. 1909)

150 N.C. 367

HARRIS et al.

v.

MARTIN et al.

Supreme Court of North Carolina

April 1, 1909

Appeal from Superior Court, Wake County; Neal, Judge.

Application by C. H. Martin, administrator, and others, for probate of the will of Sarah C. Harris. J. T. Harris and others interposed a caveat. From a judgment for proponents, caveators appeal. Affirmed.

Proof that testatrix announced herself as a certain person to the attorney who drafted the will and to a witness thereto, by accepting an introduction to them as that person, and by signing herself as such in the will, constituted prima facie evidence of her identity.

Aycock & Winston, R. N. Simms, and J. N. Holding, for appellants.

Armstead Jones & Son and Pou & Brooks, for appellees.

CLARK, C.J.

This is a caveat of the will of Sarah C. Harris. The complaint alleges that said paper writing "was not and is not the last will and testament of the said Sarah

Page 127

  1. Harris, deceased, for the reason that the signature of the said Sarah C. Harris thereto was obtained by undue and improper influence and duress upon the said Sarah C. Harris," and, as a further ground, alleges that, "at the time of the execution thereof and continuously thereafter until her death, the said Sarah C. Harris did not have the capacity to make and execute a will, for the reason that she was not of a sound and disposing mind and memory at and during said time."

W. H. Ruffin, Esq., attorney at law of Louisburg, testified that he received a message from Mrs. Jennie Martin, who resided in the same town, that her sister, Miss Harris, wished him to come to her (Mrs. Martin's) house to draw Miss Harris' will; that he went, and was introduced by Mrs. Martin to Miss Harris as her sister; that Mrs. Martin then stated to witness that this was her sister, who wanted her will drawn, and Mrs. Martin stated what the terms of the will were, the witness took notes, then turned to Miss Harris, read the notes to her, and asked her was that the way she wished the will drawn, and she replied "Yes"; that the witness went off and drew the will, and returned, bringing, as requested, Dr. O. L. Ellis, as a witness. Miss Harris and Mrs. Martin came into the room. Witness read the will to Miss Harris, and asked her if that was the way she wished her will drawn, and she said, "Yes," and requested him and Dr. Ellis to...

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