Legal Opinion

In Re Will of Mucci

Court of Appeals of North Carolina

Decided January 7, 1975No. 7428SC734PublishedCited by 3 opinions

1Opinion of the Court

HEDRICK, Judge.

Since the letter dated 25 September 1971 was admittedly in the handwriting of and signed by Dr. Mucci, our primary *431concern on this appeal is whether the letter was intended by Dr. Mucci to be a testamentary disposition of his property.

“The distinguishing feature of all genuine testamentary instruments, whatever their form, is that the paper-writing must appear to be written animo testandi.

It is essential that it should appear from the character of the instrument, and the circumstances under which it is made, that the testator intended it should operate as his will, or as a…

2Cases cited12 opinions

  1. In Re HintonSupreme Court of North Carolina · 1920
  2. In Re Will of ReddingSupreme Court of North Carolina · 1939
  3. Spencer v. . SpencerSupreme Court of North Carolina · 1913
  4. In Re BennettSupreme Court of North Carolina · 1920
  5. In Re Will of LedfordSupreme Court of North Carolina · 1918

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In Re the Will of MucciSupreme Court of North Carolina · 1975
  2. Matter of Will of JarvisCourt of Appeals of North Carolina · 1992
  3. In Re the Will of LoftinCourt of Appeals of North Carolina · 1975

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