IN RE WILL OF FARR

No. 51.

175 S.E.2d 578 (1970)

In re WILL of William FARR.

Supreme Court of North Carolina.

July 31, 1970.


Attorney(s) appearing for the Case

Bennett, Kelly & Long and Hendon & Carson, Asheville, for caveator-appellee.

Landon Roberts, Van Winkle, Buck, Wall, Starnes & Hyde, and Williams, Morris & Golding, Asheville, for propounder-appellants.


SHARP, Justice.

The question presented is whether the application of G.S. § 31-5.8 to instruments constituting the will of Farr, and its effect upon the distribution of his estate, were relevant to the issue of his mental capacity at the time he executed the fifth codicil. The Court of Appeals held that G.S. § 31-5.8 was "not relevant to the theory of the trial" and that Judge Snepp was correct when he instructed the jurors that they were not concerned with...

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