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MATTER OF WILL OF RICKS

No. 756SC748.

222 S.E.2d 471 (1976)

28 N.C. App. 649

In the Matter of the WILL of Betty Futrell RICKS, Deceased.

Court of Appeals of North Carolina.

March 3, 1976.

Attorney(s) appearing for the Case

Johnson, Johnson & Johnson by Bruce C. Johnson, Conway, for the propounder.

Weeks, Muse & Surles by T. Chandler Muse and Cameron S. Weeks, Tarboro, for the caveators.

BROCK, Chief Judge.

The caveators assign as error the admission of testimony from propounder's witnesses bearing upon the mental capacity of the testator. It has long been the rule in this State that one not an expert may give an opinion, founded upon observation, that a certain person is sane or insane. Whitaker v. Hamilton, 126 N.C. 465, 35 S.E. 815 (1900). Where opportunity for observation is shown, the extent of such observation affects the weight to be...

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