v From Bertie. This was a petition filed by Odom and others against 'Thompson and others, in winch the petitioners set forth that one Hinton died seised of real estate in fee, and possessed of personalty, and that the petitioners were heirs at law and distributees of Hinton; that, after his death, some of the Defendants caused a certain paper to be proved in the County Court as his last will, and the persons named therein as executors thereof being dead, obtained letters of…
Decided 1820-06-05
Taylor, Chief-Justice,
¶1
remarking that the case had been transmitted here under the former organization of the Court, and, therefore, only the question submitted could be decided, said, as to that question, that all the persons interested in supporting the will are made Defendants in the case, and, upon a controversy whether the will ought to be. reproved or not, there is no necessity of making any others: and the cause was remanded for further proceedings,
