Legal Opinion

Matter of Will of Wadsworth

Court of Appeals of North Carolina

Decided September 1, 1976No. 766SC287PublishedCited by 1 opinion

1Opinion of the Court

VAUGHN, Judge.

Propounder’s first assignment of error is that “Propounder excepts to the questions asked the Caveator’s witnesses because the questions were not limited to the testator’s mental condition at the approximate time he executed his will.”

On the issue of testamentary capacity, it is proper to show the mental condition of the maker at a reasonable time before and after the execution of the purported will. In Re Will of McDowell, 230 N.C. 259, 52 S.E. 2d 807. Witnesses observed testator within a reasonable time before and after the execution of the will. For the most part they did not…

2Cases cited4 opinions

  1. Hardee v. Charles Worth YorkSupreme Court of North Carolina · 1964
  2. Whitley v. ReddenSupreme Court of North Carolina · 1970
  3. In Re Will of McDowellSupreme Court of North Carolina · 1949
  4. In Re the Will of RoseCourt of Appeals of North Carolina · 1975

3Cited by1 opinion

  1. Adams v. Kelly Springfield Tire Co.Court of Appeals of North Carolina · 1996

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