IN RE WILL OF HONEYCUTT

No. 68SC171.

162 S.E.2d 87 (1968)

1 N.C. App. 595

In the Matter of the WILL of John Thomas HONEYCUTT, Deceased.

Court of Appeals of North Carolina.

July 10, 1968.


Attorney(s) appearing for the Case

M. B. Sherrin, Jr. and R. L. Warren, by R. L. Warren, Concord, for caveator appellant.

E. T. Bost, Jr. and Williams, Willeford & Boger, Concord, by John Hugh Williams, for propounder appellee.


MORRIS, Judge.

The caveator assigns as error several portions of the charge in which the trial judge inadvertently referred to "the will" and "the codicil" of the decedent. Since the trial judge instructed the jurors in most emphatic language in other parts of the charge that they were "the sole judges of the facts" and that they were not to consider anything the court may have said or done during the progress of the proceeding as the expression of any opinion on...

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