MATTER OF WILL PENLEY

No. 8928SC31.

383 S.E.2d 385 (1989)

In the Matter of the WILL OF Clyde M. PENLEY, Deceased.

Court of Appeals of North Carolina.

September 19, 1989.


Attorney(s) appearing for the Case

Ronald W. Howell, P.A. by Ronald W. Howell, Asheville, for propounder-appellants.

Van Winkle, Buck, Wall, Starnes & Davis, P.A. by Larry S. McDevitt and Michelle Rippon, Asheville, for caveator-appellees.


WELLS, Judge.

Propounders' principal assignment of error goes to the trial court's denial of their motion for directed verdict. They argue that caveators did not offer a sufficient writing under the statute to be subject to probate. We disagree. A holographic will is one that (1) is entirely in the testator's own handwriting, (2) bears the testator's name in his own handwriting, and (3) was found among the testator's valuables. N.C.Gen.Stat. § 31-3.4 (1984)....

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