N.C.P.I.—Civil 815.28

NOTE WELL: If one of the parties to the marriage has

died, also give N.C.P.I.-Civil 815.30.2

The (state number) issue reads:

"Did (name person) lack sufficient mental capacity and

understanding on (state date of marriage) to marry (name other

person)?"

On this issue the burden of proof is on the plaintiff. 3 This means

that the plaintiff must prove, by the greater weight of the evidence, that

at the time of [(name person's)] marriage to (name other person), he

lacked the mental capacity and understanding sufficient to enter into a

valid marriage.

Each person entering into a marriage relationship must have the

mental capacity to understand the nature of the contract of marriage and

the duties and responsibilities of a married person. This does not mean

that the person must actually know in detail the various legal

consequences of a marriage, but only that the person be mentally

capable of understanding that a husband and wife have duties to each

other, and that the marriage will legally affect their respective property

rights.4

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

(name person) lacked sufficient mental capacity and understanding on

(state date of marriage) to marry (name other person), then it would be

your duty to answer this issue "Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, it would be your duty to

answer this issue "No" in favor of the defendant.