MATTER OF WILL OF JARVIS

No. 310PA92.

430 S.E.2d 922 (1993)

334 N.C. 140

In the Matter of the WILL OF John R. JARVIS, Deceased. (appealed by Kenneth R. Jarvis and James R. Jarvis)

Supreme Court of North Carolina.

July 2, 1993.


Attorney(s) appearing for the Case

Morris and Morris by William C. Morris, Jr., Asheville, for propounder-appellees Mozelle Jarvis and Jack M. Jarvis.

Roberts Stevens & Cogburn, P.A. by Max O. Cogburn and Vernon S. Pulliam, Asheville, for caveator-appellants Kenneth R. Jarvis and James R. Jarvis.


WHICHARD, Justice.

This case presents the question whether the trial court properly directed a verdict for the propounders of a will on the issues of improper execution, testamentary capacity, and undue influence. We hold that the trial court properly directed verdicts as to the issues of improper execution and undue influence, but that a directed verdict on the question of whether the testator had the mental capacity to make a will was improper.

John R. Jarvis...

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