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WILLS-continued:

construction-continued.

gifts to children dying pass to issue, 3144.
"land" does not embrace crops, 47.
what property passes by will, 3140.
conveyances of land, when, 3133, 3139.
cross-index of; kept by clerk, 915 (17).

defined in construing laws concerning, 2831 (9).
destroyed; contents proven, how, 329, 331.

devisee in; after-born child deemed, when, 142.

conveyance by, within two years of letters granted; effect, 70.
devise of, abates, when, 138, 140, 141, 143.

dying before testator, devise goes to residuary devisee, 3142.
entitled to contribution, when, 86.

liable for debts of testator, 52-58.

loses devise if a witness to will, 3120.

may appeal from widow's year's allowance, 3100, 3109.

may apply for dower for widow, 3088.

party to proceeding to sell land for assets, 74.

religious society as; title vests in trustees, 2672.

witness to prove contents of will, when, 331.

devises void or lapsed, go to residuary devisee, 3142.
dissent from, how and when, 3080.

effect of, 3081.

entry of land conveyed by will, 1730.

evidenced by copy, when, 1603, 1607, 1608, 1609, 3130, 3133. See Evidence.
execution of; 3111-3114.

appointments executed, how, 3114.

how, 3113.

requisites of, 3113.

who capable of, 3111, 3112.

executor; duties and liabilities generally. See Administration; Executor.
dying or removed, effect on land devised to be sold, 82.

executors and devisees: powers not affected by chapter Administration, 170.
filed in clerk's office, 3129.

general gift in, includes what, 3143.

holograph; how probated, 3127 (2).

husband's curtesy barred by wife's will, when, 2102.

legatee in; after-born child deemed, when, 142.

legacy of abates, when, 139, 141, 143.

action for, when may be brought, 144.

ordered paid within two years, when, 151, 155.

liable for debts of testator, 52-58.

loses legacy if an attesting witness. 3120.

may appeal from widow's year's allowance, 3109.

made by nonresidents; requisites to convey real estate, 3133.

married woman may make, 2093, 2098, 3112.

must be observed by administrator c. t. a., 3146.

nuncupative; how probated. 3127 (3).

oath of witness to prove, 2360.

probate of; application for, by whom made, 3122, 3123.

affidavit of applicant, 3125.

clerk; jurisdiction of, over, 16.

must take proof and examination in writing, 3126.
office of, destroyed, copy of will probated, 329.

conclusive as to what, 3128, 3139.

delayed, collector appointed, 22.
of nonresidents, 1619, 3133.

procedure for, in case of holograph will, 3127 (2).

Rev. Vol. I-84

nuncupative will, 3127 (3).

written will attested, 3127 (1).

1393

INDEX.

WILLS continued:

probate of-continued,

production of will for, compelled, how, 3124.
revokes letters of administration, when, 37.
time of controversy over, not counted, 369.
validated, when, 3134.

where will made out of state, or witness nonresident, 3131.
proven and allowed in another state, 1619, 3130, 3133.
witnesses reside in different county, 3132.

property that passes by will, 1730, 3140.

recorded in Haywood county, presumption as to probate, 1614.
record of, kept by clerk, 915 (9).

copy of, in Anson county, validated, 1615.

residuary clause in, includes what, 3142.

requisites of, valid, 3113.

revocation of; how made by testator, 3115.
by marriage; exceptions, 3116.

conveyance after execution is not, 3118.
never by presumption of intention, 3117.

speaks as of death of testator, 3141.

stolen or destroyed, offender guilty of misdemeanor, 3510.

trustee named in, dying or removed, clerk appoints person to execute
trust, 1037.

valid only after probate, 3139.

void as to after-born child, when, 3145.

who may make, 2093, 2098, 3111, 3112.

witnesses to, 3119-3121.

WINE:

competency of, 3119, 3121.

dead; affidavits admissible in issue of devisavit vel non, 3121.

manufacture and sale of, outside of towns, 2061. See Liquors.

WITNESSES:

attendance of; how procured, 1639-1644. See Subpoena.
failure to attend until discharged; penalty, 1643.
procedure to enforce penalty, 1643.

proven before clerk, how, 1299.

attorneys at law not privileged, when, 1620.

certificate from clerk evidence of attendance of, 1299.

committee of legislature; refusal to testify before; misdemeanor, 3691.
competency of, 1628-1638.

defendant in criminal cases competent, 1634.

devisee and legatee to prove will, when, 331.

executors, to prove estate in hand, when, 1632.

gamblers, 1637, 1688.

husband or wife competent, when, 1634-1636.

lynchers, 1638.

not incompetent because of interest or crime. 1628.
parties to action competent, when, 1630.

not competent, when, 1633.

person interested in event of action, 1629.
students, against lewd woman, 3353.

when one party to transaction dead, 1631.

conveyances; witnesses to, subpœnaed, when, 996.

corporation commissioners; powers of, to compel, to attend and testify

1067.

refusing to testify before; misdemeanor, 3691.

county commissioners' power to subpoena, and compel answer, 1318 (22)
defendant in criminal action; competent, when, 1634.
not compellable to testify, 1635.

1394

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WITNESSES-continued:

defendant's, paid by county, when, 1290.

depositions of, 1645, 1649-1655. See Depositions.

devisee and legatee competent to prove will, when, 331.
discharged by solicitor, when, 1305.

examination of defendant in criminal actions, 1634.
failure to testify must not prejudice, 1634.

of parties, 864-872. See Examination of Parties.

exempt from arrest in civil cases, 1644.

failing to testify before county board of education; misdemeanor, 3840.
fees of, 1296, 1453, 2803. See Costs.

attending before grand jury, 1302.

referee, etc., 1301.

can be demanded, when, 1298.

only two paid to each material fact, 1300.

not allowed by judge, when, 1306.

not paid unless certain requirements complied with, 1306.

paid in only one case a day, 1303.

state's witnesses, paid by county, when 1289.

gamblers competent, when, 1688.

grand jury; appearing before, entitled to fees, 1302.

names indorsed on presentment, 3241.

husband and wife as, 1634-1636.

not compellable to testify for or against each other, 1636.
judgment debtor as, in proceedings supplementary to execution, 670.
habeas corpus ad testificandum issued, when and by whom, 1855, 1856.
after testifying, prisoner remanded, 1861.
application for writ contains, what, 1857.
penalty on officer not obeying writ, 1860.
requisites to issuance of, 1859.

served, how and by whom, 1858.

interest in event of action does not exclude, 1629.

intimidating, or attempting to intimidate; misdemeanor, 3696.

justice binds over two state's, on appeal in criminal action, 1304.

justices' courts; failure to respond to subpoena of, fined, 1452.
not included in bill of cost, remedy, 1306.

oath of, 2360.

participants in lynching not excused from testifying, 3201.

physicians and surgeons privileged, 1621.

preliminary hearing: not allowed present when prisoner examined, 3195.
privileged, not privileged, when, 672, 1620, 1621, 1688, 2459.

railroad officials subpœnaed to bring papers to justice's court, 1454.

receiver of corporation can compel, to testify, 1227.

refusing to enter into recognizance, committed to jail, 3232.

recognized to appear at superior court, 3203.

right of, to recover against party summoning, 1299, 1301.

security for appearance of, at superior court, required, when, 3204.

state's; solicitor directs two to each material fact paid, 1303.

paid by county, when, 1289.

what, and how many paid, 1303.

state tax commissioners' power to subpœna, 1123.

subpoenaed to regular, must attend special, term of court, 1517.

subpoenas for, issued and served, how. See Subpoena,

supplemental proceedings; not privileged in, 672.

supreme court may subpoena; compensation, 1547.

testimony of. See Evidence.

tickets destroyed, how amount recovered, 335. See Witness Tickets.
two only to each material fact allowed fees, when, 1303.

wills proven by. See Wills.

written instruments; certain, proven otherwise than by attesting, 1604.

WITNESS TICKETS:

clerk issues, upon witness proving attendance, 1299.
destroyed, amount recovered, how, 335.

fee of clerk for issuing, 2773.

filed with the clerk, 1300.

WOODS:

action for damages against person burning, when, 3346.
wagoner leaving campfires burning; misdemeanor, 3347.

WORDS AND PHRASES:

"adulterated" means what, with reference to food stuffs, 3444.

"animal" and “dumb animals" include what, as to cruelty to animals, 3299
certain words in tax laws mean what, 2851.

"commissioners" mean “aldermen," when, 2918.

"court" in chapter on corporations refers to what judge, 1247.

"cruelty," "torture," "torment" mean what as to cruelty to animals, 3299
"dealer in intoxicating drinks" construed, 3524.

"family" means what, as to widow's year's allowance, 3093.

"general" means "common," applied to stock of corporation, 1159.

"judge of superior court" means judge riding district, 1247.

"month" means what in statutes generally, 2831 (3, 12).

"oath" means what in construing statutes, 2831 (5).

"previously" used instead of "privately" in private examination, corrected,
1016.

"probate" means what as to certain married woman's deeds, 1018.
"property" means what, 2831 (6).

"public buildings," include "grounds" around buildings, when, 3742.
"receiver" means "trustee," when, 1222.

"seal" means what, 2831 (8).

"superior court" means what, in chapter Corporations. 1247.

"sworn" means what in construing statutes, 2831 (5).
"year" means what in construing statutes, 2831 (3).

WRECKS: See Volume II.

commissioner of, violating trust; misdemeanor, 3563.

liable in damages to injured party, and forfeits office. 3563.
person finding. failing to report same; misdemeanor, 3548.
violating provisions of chapter on; misdemeanor, 3563.

WRECK COMMISSIONER: See Volume II.

bond of, 305, 308.

obstructing, in discharge of duty; misdemeanor, 3564.
YEAR'S SUPPORT: See Widow's Year's Allowance.

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