Caveat of Andrew Harrison's Will

Date: Apr 1832 [unknown]
Location: Caswell County, North Carolina, United States

Terms

Probate caveat is the legal notice challenging the validity of the will and asking the court to suspend the probate process until the dispute is resolved.

Devisavit Vel Non - a document that sets forth the questions of fact pertinent to the validity of an alleged will and is sent from a court of probate or chancery to a court of law for a jury trial for judgment as to the validity of the will. In this case, the defendants waived the necessity of a written notice.

Legal term - To Wit means namely, that to say, as follows. It comes from the old English verb "witan" which means to know, to be aware of.

Caveat

State of North Carolina

Caswell County

April Court 1832

James R. Harrison & Others

Vs

Jesse Harrison Others

Caveat of the will of Andrew Harrison Sen, Decd.

This case coming on to be heard upon the following issue A paper writing being offered to the Court, which purports to be the Last Will and Testment of Andrew Harrison Senior Deceased for Probate by Mary Harrison and James R. Harrison the Executrix, and one of the Executors therein names, and the Probate of same being opposed by Jesse Harrison, John Harrison, Elizabeth Harrison, William P. McDaniel and his wife Nancy, John E. Wilkerson & his wife Mary, Henry E. Wilkerson and his wife Martha, and Creed T. Oliver and his wife Jane, Who caveated the Same.

Whereupon it is ordered by the Court that Devisavit Vel Non be and the Same is hereby made up to be submitted to a jury, between Mary Harrison, James R. Harrison, Willis D. Harrison, Andrew W. Harrison, and Susan P. Harrison, these two last are under age and appear by the neat friend James R. Harrison as plaintiffs.

And Jesse Harrison, John Harrison, Elizabeth Harrison, William P. McDaniel and his wife Nancy, John E. Wilkerson & his wife Mary W. Wilkerson, Henry E. Wilkerson and his wife Martha W. Wilkerson, and Creed T. Oliver and his wife Jane, Who are Defendants. The Defendants appeared in Open Court and admitted notice of this issue, and waived the necessity of a written notice; - Whereupon the following jury To Wit, Sterling Warren, David Davis, Samuel Greer, (illegible) Evans, William Fuller, George D. Dameron, William C. Dinoha, Thomas Prindergast, James R. Sea, Durret Oliver, William Hooper, and Jacob Henderson, were duly impaneled, Sworn and Charged - Who say they find this paper writing marked A in the Word & Figures following TO WIT to be the Last Will and Testament of Andrew Harrison Sen. Decd. and that the said Andrew Harrison Sen. Decd did by Said Paper Writing Devise.

Whereupon James R. Harrison One of the Executors of Said Will appeared in Open Court and was duly qualified as Executor by taking the necessary Oaths and Such. And Letters Testamentary were issued to his accordingly

Test. Paul A. Haralson Clk

Sources

• The Caveat was transcribed and posted on Ancestry by Ancestry member, dickdharrison, on 20 Oct 2010. Many thanks to him for this contribution.
• Working links to Ancestry record can be found on FamilySearch Andrew Harrison, Jr. 1764–1831• LRTH-Z4K under Sources.