Fullam v. Brock

There is no common-law right to make a will. The right to make a will is not a natural, inalienable, inherited, fundamental, or inherent right, and it is not one guaranteed by the Constitution. The right to make a will is conferred and regulated by statute. Paul v. Davenport, 217 N.C. 154, 7 S.E. 2d 352; 94 C.J.S., Wills, § 3.

In Irving Trust Co. v. Day, 314 U.S. 556, 86 L. Ed. 452, the Court said, inter alia: “Rights of succession to the property of a deceased, whether by will or by intestacy, are of statutory creation, and the dead hand rules succession only by sufferance. Nothing in the…