In Re Will of Gilkey

Caveator offered no evidence to support her allegations of lack of mental capacity or undue influence.

Mrs. Gilkey’s signature was not witnessed. None was necessary if the requirements for a holographic will were established. G.S. 31-3.4(b).

The Legislature which convened in Hillsboro in April 1784 declared no will should be valid unless subscribed in testator’s presence by at least two witnesses. Sec. 11, c. 204, Potter’s Laws of North Carolina (1821). That statute is now in substance G.S. 31-3.3. The Legislature next convened in New Bern on 22 October 1784. It then amended the Act passed at…