IN RE GILKEY'S WILL

No. 23.

124 S.E.2d 155 (1962)

256 N.C. 415

In re The WILL of Hattie Kirby GILKEY.

Supreme Court of North Carolina.

February 28, 1962.


Attorney(s) appearing for the Case

Hamrick & Hamrick by J. Nat Hamrick, Rutherfordton, and Joseph B. Cheshire, Jr., Raleigh, for caveator appellant.

E. P. Dameron, Marion, for propounder appellee.


RODMAN, Justice.

Caveator offered no evidence to support her allegations of lack of mental capacity or undue influence.

Mrs. Gilkey's signature was not witnessed. None was necessary if the requirements for a holographic will were established. G.S. § 31-3.4(b).

The Legislature which convened in Hillsboro in April 1784 declared no will should be valid unless subscribed in testator's presence by at least two witnesses. Sec. 11, c. 204, Potter's Laws...

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