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FULLAM v. BROCK

No. 117.

155 S.E.2d 737 (1967)

271 N.C. 145

Algie J. FULLAM, Individually and In his capacity as Administrator c. t. a. of the Estate of Lillian Clark Brock v. Deaver Dunsmore BROCK, Incompetent et al.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

Parker, McGuire & Baley, by Richard A. Wood, Jr., Asheville, for J. M. Baley, Jr., Guardian of Deaver Dunsmore Brock, incompetent, defendant appellant.

Gudger & Erwin, by Lamar Gudger and Ronald W. Howell, Asheville, for Everett Clark, defendant appellee.

PARKER, Chief Justice.

There is no common-law right to make a will. The right to make a will is not a natural, inalienable, inherited, fundamental, or inherent right, and it is not one guaranteed by the Constitution. The right to make a will is conferred and regulated by statute. Paul v. Davenport, 217 N.C. 154, 7 S.E.2d 352; 94 C.J.S., Wills § 3.

In Irving Trust Co. v. Day, 314 U.S. 556, 62 S.Ct. 398, 86 L.Ed. 452, the...

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