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71 N.C. 19

Coltraine v. Brown

Supreme Court of North Carolina

Decided June 15, 1874

Supreme Court of North Carolina · decided 1874-06-15

Devisavit vel NON, as to a paper writing propounded in the Probate Court of Randolph county, and from thence removed to the Superior Court of AlamaNoe, and tried before' his Honor, Judge Tourgee, at Spring Term, 1874. The paper propounded as the last will and testament of' Jane Brown, was caveated by the defendants, certain of her-next of kin, upon the following grounds, to wit: 1.

Decided 1874-06-15

Settle,. J.

¶1There was not only a direct conflict of testimony between Dempsey Brown and Brazier on the one side,, and the witnesses for the propounders on the other, as to the mental capacity of the testatrix, Jane Brown \ but Frazier being a subscribing- witness to the will, and testifying that the testatrix was not capable of making one, stood before the Court, in a very awkward position, and it would seena. that his character required support.

¶2As the question involved in this case is discussed and decided in Isler v. Dewey, at .this term, we content ourselves with a reference to the opinion in that case.

¶3Let it be certified that there is error.

¶4Per Cujriam. Yeuire de aov&~

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