MATTER OF WILL OF WOMACK

No. 8017SC1168.

280 S.E.2d 494 (1981)

In The Matter Of The WILL OF Claudia Hester WOMACK, Deceased.

Court of Appeals of North Carolina.

July 21, 1981.


Attorney(s) appearing for the Case

Gwyn, Gwyn & Morgan by Julius J. Gwyn, Reidsville, for propounder appellants.

George B. Daniel and W. Osmond Smith, III, Yanceyville, for caveator appellees.


ARNOLD, Judge.

The issues to be determined on this appeal are whether the caveators presented sufficient evidence of lack of testamentary capacity and of undue influence exerted by the Boswells to withstand the propounders' motions for a directed verdict and for judgment notwithstanding the verdict.

The law in North Carolina presumes that every person has sufficient mental capacity to make a valid will. In re Will of Franks, 231 N.C....

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