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5 N.C. 447

M'Cay v. M'Cay

Supreme Court of North Carolina

Decided July 15, 1810

Supreme Court of North Carolina · decided 1810-07-15

iFran Rowan. This was an issue of “ devisavit vel non,** made up muler the direction of the Court, upon a paper writing offered for probate as the last will of the late Judge M’Cay.

Decided 1810-07-15

By the Court.

¶1We are of opinion that the birth of the child, together with the other circumstances set forth in the special verdict, do not in Law amount to a revocation of the will.*

¶2This case was tried upon the issue, and the special verdict found at October Term, 1808, of Rowan Superior Court. The case attracted the attention of the General Assembly to the subject, and at their session in November, 1808, they passed an act «to provide for children horn after the making of their parent’s will.”

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