Matter of Will of Womack

ARNOLD, Judge.

The issues to be determined on this appeal are whether the caveators presented sufficient evidence of lack of testamentary capacity and of undue influence exerted by the Boswells to withstand the propounders’ motions for a directed verdict and for judgment notwithstanding the verdict.

The law in North Carolina presumes that every person has sufficient mental capacity to make a valid will. In re Will of Franks, 231 N.C. 252, 56 S.E. 2d 668 (1949); 1 N. Wiggins, Wills and Administration of Estates in N.C. § 53 (1964). Those persons contesting the will, therefore, have the burden of…