Randolph County NcArchives Court.....Dempsey Brown, Keerans, Ex'r Of Jane Brown V. 1873
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a February 8, 2012, 10:39 am

Source: N C Reports
Written: 1873

Eli C. Keerans and others, Ex'rs &c of Jane Brown and others v. Dempsey Brown 
and others

One of the subscribing witnesses to a will being asked on his cross 
examination, if he had not, a short time before the execution of the will, 
expressed to the other witnesses doubts of the capacity of the testatrix to 
make a will, and on that account hesitated to sign the will as a witness, and 
having denied using any such expressions: Held, that evidence contradicting 
the witness in regard to such conversation, was admissible, not on the ground 
of its tending to prove capacity or incapacity in the testatrix, but for the 
purpose of discrediting the witness, by showing that he had made different 
statements to his evidence on the trial, upon a matter pertinent to the issue.

Devisavit Vel Non, tried before Tourgee, J., at the Spring Term, 1872, of the 
Superior Court of the county of Randolph.

On the trial below, the caveators offered evidence, which being objected to by 
the propounders of the will, was ruled out by the Court. To this ruling of his 
Honor the caveators excepted; and the jury finding the issues in favor of the 
will, it was adjudged by the Court to be established; from which judgment the 
caveators appealed.

Other facts in the case presenting the point decided, are fully stated in the 
opinion of the Court.

Ball, Keogh & Gorrell for appellants
Dillard, Gilmer, Smith & Scott contra

NC Supreme Court Justice Reade, J. - The complaint states that "the plaintiffs 
are ready to prove that the last will and testament of Jane Brown, deceased, 
was duly signed, sealed, published and declared by the said Jane Brown, on 
13th September, 1866; and that a codicil to the same, ratifying and confirming 
the said last will and testament, and appointing an additional executor, was 
duly signed, sealed, published and declared by the said Jane Brown, on 4th 
January, 1871; and plaintiffs demand of caveators the ground of their 
opposition," &c. (see court case for judge's full findings)

We think there was error in rejecting the evidence.

Per Curiam
Venire de novo

Additional Comments:
In the NC Supreme Court January Term 1873

File at: http://files.usgwarchives.net/nc/randolph/court/dempseyb2200gwl.txt

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