Legal Opinion

In Re the Will of Knowles

Court of Appeals of North Carolina

Decided April 28, 1971No. 7127SC238PublishedCited by 2 opinions

1Opinion of the Court

HEDRICK, Judge.

By his first assignment of error the caveator contends that the court committed prejudicial error by allowing the two attesting witnesses to the will “to give their lay opinion concerning the competency of the deceased, Thomas W. Knowles, Sr., to make a will. . . .” This assignment of error is without merit. In North Carolina, a witness, expert or otherwise, may give his opinion as to whether a person has sufficient mental capacity to execute a will, if he has had reasonable opportunity to observe or converse with him. In re Will of Cauble, 272 N.C. 706, 158 S.E. 2d 796 (1968)…

2Cases cited4 opinions

  1. Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
  2. In Re Will of KellySupreme Court of North Carolina · 1934
  3. State v. . KhourySupreme Court of North Carolina · 1908
  4. In Re the Will of CaubleSupreme Court of North Carolina · 1968

3Cited by2 opinions

  1. Matter of Will of JarvisSupreme Court of North Carolina · 1993
  2. Matter of Will of KingCourt of Appeals of North Carolina · 1986

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