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North Carolina, Supreme Court, Raleigh : Horne et al v Horne et al, December 1848

Published
Raleigh, North Carolina : North Carolina Supreme Court, 1848.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
The case concerned the will of Joel Horne, of which the plaintiffs were the executors and the only legatees. The defendants objected that Horne had not had the mental capacity to make a will and that at the time it was made he was resident in South Carolina, not North Carolina. Horne had 16 or 17 unproductive slaves, among whom he lived in a very uncomfortable way; one called Hannah was said to have particular influence over him. In the last few months of his life Horne flitted between his own plantation in South Carolina and various relatives' residences in South and North Carolina. There was confusion as to his domicile at the time of his death. It was proved that under the laws of South Carolina a will needed three subscribing witnesses; Horne's only had two. A verdict was returned for the plaintiffs, and the defendants appealed. The Supreme Court ruled that Horne had regarded his last domicile as in North Carolina, as he had described himself as living there in his will. The will was therefore valid in North Carolina. judgment affirmed.
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Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the North Carolina State Archives.
Location of Originals
North Carolina State Archives
Copyright Note
Material sourced from the North Carolina State Archives
View MARC record | catkey: 41985027