¶1 The demand of probate must-be dismissed ; for that it should have been made in Chowan Superior Court, as the Court in which the will was established. It was the judgment of that Court, to which the case was regularly removed, that established it, and not the judgment of the Court in which it was first offered for probate; the judgment of the latter was'vacated or annulled by the appeal. It would have been desirable to the Court, that the parties should have agreed between themselves, on some county for the trial of the matter in controversy, to prevent a further accumulation of costs, and we have accordingly advised it to them ; but as they have not accommodated if, we are constrained reluctantly to render the above judgment,
12 N.C. 459
Hodges v. . Jasper
Supreme Court of North Carolina
Decided June 5, 1828
Supreme Court of North Carolina · decided 1828-06-05
From Washington. This was an issue of devisavit vel non. On the trial it appeared that the supposed will had been offered for probate at the October term, 1804, of Tyrrell County Court, when an issue was made up. which by appeal was finally tried in the Superior Court, for the District of Edenton, where the will was established.
Cited by 2 later decisions — most recently July 1816
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1828-06-05
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