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IN RE WILL OF MUCCI

No. 7428SC734.

209 S.E.2d 332 (1974)

23 N.C. App. 428

In the Matter of the WILL of Lawrence Adolph MUCCI, Deceased.

Court of Appeals of North Carolina.

Certiorari Allowed and Appeal Dismissed January 7, 1975.

Attorney(s) appearing for the Case

G. Edison Hill, Asheville, for propounder, George H. Johnson, Jr.

Morris, Golding, Blue & Phillips by James F. Blue, III, Asheville, for Mary E. Mucci, party aligned with propounder.

Richard B. Ford, Asheville, for caveators.

Certiorari Allowed and Appeal Dismissed by Supreme Court January 7, 1975.

HEDRICK, Judge.

Since the letter dated 25 September 1971 was admittedly in the handwriting of and signed by Dr. Mucci, our primary concern on this appeal is whether the letter was intended by Dr. Mucci to be a testamentary disposition of his property.

"The distinguishing feature of all genuine testamentary instruments, whatever their form, is that the paper-writing must appear...

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