MOORE v. NEW YORK LIFE INSURANCE COMPANY

No. 606.

146 S.E.2d 492 (1966)

266 N.C. 440

Flora C. MOORE, Executrix of the Estate of William Edward Moore, Deceased, v. NEW YORK LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

February 4, 1966.


Attorney(s) appearing for the Case

Smith, Leach, Anderson & Dorsett, by Henry A. Mitchell, Jr., Raleigh, for defendant appellant.

Wilson, Bain & Bowen, by Edgar R. Bain, Lillington, for plaintiff appellee.


LAKE, Justice.

The defendant assigns as errors, among other things, the denial of its motion for judgment as of nonsuit, the refusal to submit to the jury an issue as to whether Moore had sufficient mental capacity to change the beneficiary, and the refusal to instruct the jury that if Moore did not have sufficient mental capacity to surrender the policy he did not have sufficient mental capacity to change the beneficiary. All of these assignments rest upon the same...

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