¶1 We are of opinion that the probate qf a will in the usual form may be set aside after the term has expired at which the will was proved, and that a second probate may be ordered by the same court. As to the length of time at which this may bo done, that must depend upon the particular circumstances of the case. The court will look to all circumstances which can aid its discretion in ordering a second probate.
5 N.C. 99
Dickenson v. . Stewart
Supreme Court of North Carolina
Decided December 5, 1805
Supreme Court of North Carolina · decided 1805-12-05
-From Newbern. This was a petition to the county court of Pitt, to set aside the probate of a paper writing which had been proved in said court as the- last… Held: and on the first day of the term was informed by John Spier executor, that he would have the said will proved on that day, which was accordingly done, and the court continued sit for four days afterwards. Dickenson neither caveated the probate nor during the term made any application to the court upon the subject.
Cited by 1 later decisions — most recently November 1921
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1805-12-05
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