Legal Opinion

In Re the Last Will & Testament of Craig

Supreme Court of North Carolina

Decided December 8, 1926PublishedCited by 3 opinions

1Opinion of the CourtBrogden, J.

Tbe caveators allege that tbe testator did not have sufficient mental capacity to make a will, and that said will was obtained by bis wife, Lillie A. Craig, and ber close relatives by means of undue and improper influence and duress exercised upon tbe said testator.

Tbis Court has intimated in cases of this kind that it is a better practice to submit separate issues relating to mental capacity and undue influence. In re Rawlings’ Will, 170 N. C., 58.

A niece of the testator was asked the following question: “From your experience and observation while you were there, and of the deceased, your…

2Cases cited5 opinions

  1. Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
  2. In Re Will of RawlingsSupreme Court of North Carolina · 1915
  3. Bond v. Manufacturing Co.Supreme Court of North Carolina · 1906
  4. Hyatt v. . HyattSupreme Court of North Carolina · 1924
  5. Stewart v. . StewartSupreme Court of North Carolina · 1911

3Cited by3 opinions

  1. Jones v. BaileySupreme Court of North Carolina · 1957
  2. In Re the Will of KempSupreme Court of North Carolina · 1953
  3. American Trust Co. v. United Cash Store Co.Supreme Court of North Carolina · 1927

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