The .devise to the witness, Margaret Haughfon, of pei'niission to stay six months in the house, if she chooses, conveys to her no title either to the bouse or land : and (lie will being sufficiently proved as to the persona! estate by the other witness, there appears to be no such interest in Margaret Haughton as to destroy her competency as a witness to prove the will for the lands»
Winaut's Heirs v. Winaut's Devisees, 5 N.C. 148, 1 Mur. 148 (1807)
July 1807
·
Supreme Court of North Carolina
5 N.C. 148, 1 Mur. 148
Winaut’s Heirs vs. Winaut’s Devisees
Edenton district.
testator devises per-jniasion “to monthsln i^oompe ness to *149^uVeasto *®ereal e3p
*148The testatrix, Penelope Winaut, duly published her last • ' . 1 will and. testament m writing, in the presence of James Ward and Margaret Háiighton, the only subscribing witnesses thereto : in which will was contained the following , „ , , , ° danse, to wit : «I give and bequeath unto Margaret Haughton one woolen wheel, one white round table, all chairs, and six months to live in the bouse, if she chooses.” M argaret Haughton was one of the subscribing witnesses to the will, and the question referred to this
*149court- was, Whether the said Margaret was competent to prove the will as to the real estate ?