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IN RE WILL OF KNOWLES

No. 7127SC238.

180 S.E.2d 394 (1971)

11 N.C. App. 155

In the Matter of the WILL of Thomas Wesley KNOWLES, Sr., Deceased.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

Tim L. Harris, Gastonia, by Don H. Bumgardner, Gastonia, for caveator appellant.

Harvey A. Jonas, Jr., Jonas & Jonas, Lincolnton, and Willis C. Smith, Gaston, Smith & Gaston, Belmont, by Richard Jonas, Lincolnton, for propounder appellee.

HEDRICK, Judge.

By his first assignment of error the caveator contends that the court committed prejudicial error by allowing the two attesting witnesses to the will "to give their lay opinion concerning the competency of the deceased, Thomas W. Knowles, Sr. to make a will. * * *" This assignment of error is without merit. In North Carolina, a witness, expert or otherwise, may give his opinion as to whether a person has sufficient mental capacity to execute a will...

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