remarking that the case had been transmitted here under the former organization of the Court, and, therefore, only the question submitted could be decided, said, as to that question, that all the persons interested in supporting the will are made Defendants in the case, and, upon a controversy whether the will ought to be. reproved or not, there is no necessity of making any others: and the cause was remanded for further proceedings,
Odom v. Thompson, 8 N.C. 58, 1 Hawks 58 (1820)
June 1820
·
Supreme Court of North Carolina
8 N.C. 58, 1 Hawks 58
Odom and others v. Thompson and others.
v From Bertie.
In a petition to have a probate of a will set aside, and a reprobate in solemn form, all the heirs at law and distributees need not be made parties. It is sufficient if the petition be brought by one of them, and all the executors, devisees and legatees claiming’ under the will be made Defendants.
This was a petition filed by Odom and others against 'Thompson and others, in winch the petitioners set forth that one Hinton died seised of real estate in fee, and possessed of personalty, and that the petitioners were heirs at law and distributees of Hinton; that, after his death, some of the Defendants caused a certain paper to be proved in the County Court as his last will, and the persons named therein as executors thereof being dead, obtained letters of administration: and that the other Defendants claimed .an interest in the said real or personal estates, as devisees or legatees, under the said will. It was also charged, that Hinton was totally incapable of making a will, and that the said probate had been effected ex parte, and without notice to the petitioners, and prayed for a solemn probate. The Defendants filed an answer, in which they set *59forth, anWigst other tilings, that .certain other' persons therein named were heirs at law and next of kin of 'Em-ton, and traced their pedigree, so as to shew that fact. The case was set down for hearing upon the petition and answer, and brought" up from the County Court to the Superior Court, where it came on; for hcliring at April term,. 1818, when it was objected; on behalf.of the Defendants, that a reprobate of the will in solemn form would not be ordered by the Court, unless all the heirs at law and next of kin, and all the devisees and legatees, were made, parties; and the case was hdjourned to the Supreme Court for a decision upon the question, “ Whether the “ petitioners were bound to make any other parties i”
The case was submitted without argument.