IN RE WILL OF SIMMONS

No. 207.

150 S.E.2d 439 (1966)

268 N.C. 278

In the Matter of the WILL of J. G. SIMMONS, Deceased.

Supreme Court of North Carolina.

October 12, 1966.


Attorney(s) appearing for the Case

Mitchell E. Gadsden, Clinton, and Mitchell & Murphy, Raleigh, for appellant.

Warren & Fowler, Clinton, for appellees.


PER CURIAM.

We have examined carefully the assignments of error with reference to the admission and exclusion of evidence. We find no merit therein.

There was no error in the instructions to the jury, above mentioned, nor in the instruction with reference to the test of mental capacity to make a will, to which the caveator also excepted. In re Craven, 169 N.C. 561, 86 S.E. 587. The burden was upon the caveator to prove that, at the time the will was executed...

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