Opinion · Nclaw North Carolina

MOSS v. VINCENT, 4 N.C. 298 (1816)

MOSS & WIFE v. VINCENT. — 2 L. R., 414., 4 N.C. 298 (N.C. 1816)

Type
Opinion
Court
Nclaw North Carolina
Jurisdiction
Nclaw
Date
1816-01-01
Topic
general

MOSS v. VINCENT, 4 N.C. 298 (1816) MOSS AND WIFE v. VINCENT. — 2 L. R., 414.Supreme Court of North Carolina (January Term, 1816.) A petition filed to set aside the probate of a will, must be accompanied with an affidavit. THIS was a petition filed in the County Court of NASH to set aside the probate of the will of Joshua Vincent, on the ground of the will having been made by fraud and circumvention, and that the petitioners were not made parties to the probate, although they would have been entitled to a distributive share of the estate.

Citator

UpLaw has not yet analyzed MOSS v. VINCENT, 4 N.C. 298 (1816). The absence of a flag is not a finding that it is good law.

MOSSv. VINCENT,4 N.C. 298(1816)
MOSS AND WIFE v. VINCENT. — 2 L. R., 414.
Supreme Court of North Carolina
(January Term, 1816.)
A petition filed to set aside the probate of a will, must be accompanied with an affidavit.
THIS was a petition filed in the County Court of NASH to set aside the probate of the will of Joshua Vincent, on the ground of the will having been made by fraud and circumvention, and that the petitioners were not made parties to the probate, although they would have been entitled to a distributive share of the estate.
To this petition there was a demurrer for want of an affidavit.
TAYLOR, C. J.
Upon the question of practice presented in this case, the Court are of opinion that an affidavit verifying the facts on which it is sought to set aside the probate of a will is indispensable. A probate is an act of a court of justice, and a consequent degree of solemnity is attached to it forthwith. Property is held under it, and many important affairs of the estate transacted by the executor on its authority. The Court, therefore, cannot sustain a petition, founded on a mere suggestion or assertion that it was fraudulently or irregularly obtained.

Petition dismissed.Cited: Jeffreys v. Alston, post, 438;Redmond v. Collins,15 N.C. 439;Armstrong v. Baker,31 N.C. 112;Randolph v. Hughes,89 N.C. 430.

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