In Re the Will of York

The law presumes that a testator possessed testamentary capacity, and those who allege otherwise have the burden of proving by the preponderance or greater weight of the evidence that he lacked such capacity. In re Burns’ Will, 121 N.C. 336, 28 S.E. 519; In re Cherry’s Will, 164 N.C. 363, 79 S.E. 288; In re Craven’s Will, 169 N.C. 561, 86 S.E. 587; In re Staub’s Will, 172 N.C. 138, 90 S.E. 119. But it is improper for nonexpert witnesses to testify that in their opinion a testator did or did not have the mental capacity to make a will. In re Will of Lomax, 224 N.C. 459, 31 S.E. 2d 369; S. c.,…