Ray v. . Marriner

Decided April 5, 1806

Superior Court of North Carolina · decided 1806-04-05

THIS was an issue of devisavit velnon, made up under the direction of the court j and these points were determined by the court. Mr. Browne stated, that a will dated the 12th of February, 1784, was proved in the county court; and that the paper now offered was dated on the 14th; and he wished to exhibit a copy of the one proved, to shew some sentences that were contained therein, and how different the dispositions were from those pretended to have been made two days after.

Decided 1806-04-05

¶1This will being proved, cannot be given in evidence but by an attested copy, not by a sworn copy; not because an attested copy cannot be dispensed with where a sworn copy can be proved, but because, in the case of a will, the probate is the only regular proof.

¶2The defendants offered a witness, to whom it was objected by plaintiff's counsel that he was interested, and that they would prove the interest. Upon inquiry, however, the witness to prove the interest was absent. They then proposed to examine him on the voir dire; and it was said by the plaintiffs they could not now examine upon the voir dire. *338