Gilliken v. . Norcom

The sole question presented is whether there was sufficient evidence of mental incapacity to be submitted to the jury.

The law recognizes the same standard of mental capacity for testing the validity of both deeds and wills, although it is suggested that perhaps a court would scrutinize a deed more closely than a will. Bond v. Mfg. Co., 140 N. C., 382, 52 S. E., 929. The degree of mental capacity requisite for the valid execution of a deed is thus stated in Lamb v. Perry, 169 N. C., 436, 86 S. E., 179: “A want of adequate mental capacity of itself vitiates the deed, while mere mental weakness…