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IN RE HOLCOMB'S WILL

No. 604.

93 S.E.2d 454 (1956)

244 N.C. 391

In the Matter of the WILL of J. E. HOLCOMB.

Supreme Court of North Carolina.

June 26, 1956.

Attorney(s) appearing for the Case

Joseph W. Brown, Whiteville, and Nance, Barrington & Collier, Fayetteville, for propounder appellant.

Powell, Lee & Lee, Whiteville, for caveator appellees.

BARNHILL, Chief Justice.

G.S. § 1-180 denies the judge presiding at a jury trial the right in any manner or in any form, by word of mouth or by action, to invade the prerogative of the jury in its right to find the facts. This statute has been applied in many cases and under varying circumstances. The cases appearing in our books on the subject are too numerous to undertake to cite. However, In re Will of Bartlett, 235 N.C. 489

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