In Re the Will of Mucci

EXUM, Justice.

We agree with the conclusion in Judge Hedrick’s opinion, 23 N.C. App. 428, 209 S.E. 2d 332 (1974), that there is no evidence in this record from which a jury could find that the letter in question was a codicil to Mucci’s attested will. The Court of Appeals erred, however, in reversing the entry of a directed verdict in favor of the caveators and remanding this case for further proceedings.

Before any instrument can be probated as a testamentary disposition there must be evidence that it was written animo testandi, or with testamentary intent. In re Perry, 193 N.C. 397, 137 S.E.…