IN RE WILL OF MUCCI

No. 12.

213 S.E.2d 207 (1975)

287 N.C. 26

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

Supreme Court of North Carolina.

April 14, 1975.


Attorney(s) appearing for the Case

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

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

Richard B. Ford, Asheville, for caveators.


EXUM, Justice.

We agree with the conclusion in Judge Hedrick's opinion, 23 N.C. App. 428, 209 S.E.2d 332 (1974), that there is no evidence in this record from which a jury could find that the letter in question was a codicil to Mucci's attested will. The Court of Appeals erred, however, in reversing the entry of a directed verdict in favor of the caveators and remanding this case for further...

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