In Re Will of Mueller
Supreme Court of North Carolina
Appeal by propounders from Justice, J., at tbe April Term, 1915,' of - Columbus. Proceeding to caveat tbe will of Albert Mueller, Sr. Tbe caveators admitted tbat tbe alleged testator bad sufficient mental capacity to make a will, but alleged tbat tbe execution of tbe will was procured by undue influence. Tbe will was signed 14 December, 1913, and Albert Mueller died 21 December, 1913, of cancer of tbe liver.
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Appeal by propounders from Justice, J., at tbe April Term, 1915,' of - Columbus. Proceeding to caveat tbe will of Albert Mueller, Sr. Tbe caveators admitted tbat tbe alleged testator bad sufficient mental capacity to make a will, but alleged tbat tbe execution of tbe will was procured by undue influence. Tbe will was signed 14 December, 1913, and Albert Mueller died 21 December, 1913, of cancer of tbe liver. Three weeks before bis deatb be was moved to tbe borne of Henry Breternitz, where be remained until bis deatb. Henry Breternitz and bis wife, Camilla, were not related to him by blood,…
1Opinion of the CourtAllen, J.
Tbe influence which destroys tbe validity of a will is a fraudulent influence, controlling tbe mind of tbe testator so as to induce him to make a will which be would not otherwise have made. It is tbe substitution of the mind of tbe person exercising tbe influence for tbe mind of tbe testator. Wright v. Howe, 52 N. C., 412; In re Abee, 146 N. C., 214.
As said in In re Everett’s Will, 153 N. C., 85: “Experience has shown tbat direct proof of undue or fraudulent influence is rarely attainable, but inferences from circumstances must determine it.” It is “generally proved by a number of facts,…
2Cases cited5 opinions
- In Re Will of Amelia EverettSupreme Court of North Carolina · 1910
- Grove v. SpikerCourt of Appeals of Maryland · 1890
- Wright v. . HoweSupreme Court of North Carolina · 1860
- In Re Worth's WillSupreme Court of North Carolina · 1901
- Phillips v. Salem Iron WorksSupreme Court of North Carolina · 1907
3Cited by36 opinions
- In Re the Will of JonesSupreme Court of North Carolina · 2008
- In Re the Purported Will of AndrewsSupreme Court of North Carolina · 1980
- In Re Will of HallSupreme Court of North Carolina · 1960
- In Re Will of TurnageSupreme Court of North Carolina · 1935
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
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