Legal Opinion

In Re Will of George v. Credle

Supreme Court of North Carolina

Decided September 18, 1918PublishedCited by 3 opinions

Issue of devisavit vel non, tried before Bond, J., at July Term, 1918, of Hyde. These are the issues: 1. "Were the paper-writings propounded as the last will and testament of George Y. Credle and codicil thereto, written, signed, witnessed, and executed in accordance with the formalities required by law for execution of a valid last will and testament and codicil to same? Answer: Yes. . 2. At the time of execution of said paper-writings, did said George Y. Credle have…

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Issue of devisavit vel non, tried before Bond, J., at July Term, 1918, of Hyde. These are the issues: 1. "Were the paper-writings propounded as the last will and testament of George Y. Credle and codicil thereto, written, signed, witnessed, and executed in accordance with the formalities required by law for execution of a valid last will and testament and codicil to same? Answer: Yes. . 2. At the time of execution of said paper-writings, did said George Y. Credle have sufficient mental capacity to make and execute a valid will and codicil to same? Answer: Yes. 3. Was the execution of either…

1Opinion of the CourtBeowN, J.

The execution of the will being admitted, the court placed the burden of proof upon the second and third issues upon caveator, and charged the jury as recited. The only assignment of error is directed to the sufficiency of the evidence.

We agree.with the learned judge that the evidence of incapacity'is too indefinite and too lacking in directness to justify a verdict upon the second issue, and there is absolutely no evidence of undue influence.

The rule that when insanity is proved to have existed at any particular time, it is to be presumed to continue, applies only to cases of general or…

2Cases cited3 opinions

  1. State v. . SewellSupreme Court of North Carolina · 1855
  2. Hudson v. . HudsonSupreme Court of North Carolina · 1907
  3. Ballew v. . ClarkSupreme Court of North Carolina · 1841

3Cited by3 opinions

  1. Fanelty v. Rogers Jewelers, Inc.Supreme Court of North Carolina · 1949
  2. Matter of Will of MaynardCourt of Appeals of North Carolina · 1983
  3. Williamson Real Estate Co. v. SasserSupreme Court of North Carolina · 1920

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