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IN RE SHUTE'S WILL

No. 451.

111 S.E.2d 851 (1960)

251 N.C. 697

In re WILL OF Rowena M. SHUTE.

Supreme Court of North Carolina.

January 14, 1960.

Attorney(s) appearing for the Case

M. T. Leatherman, C. E. Leatherman, Harvey A. Jonas, Jr., Lincolnton, and Brock Barkley, Charlotte, for appellant.

O. L. Richardson, Monroe, and A. A. Reaves, Hamlet, for Caveators, appellees.

MOORE, Justice.

Propounder assigned as error the following portion of the judge's charge to the jury:

"Now, members of the jury, the Court instructs you that if the propounders have satisfied you by the greater weight of the evidence, the burden being upon the propounders to so satisfy you that at the time the paper writings were torn there at the hospital, in the presence of Rowena M. Shute and Mr. Day, that she didn't have sufficient mental capacity to revoke...

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