N.C.P.I.—Civil 850.05

The (state number) issue reads:

"Did (name grantor) lack sufficient mental capacity to [execute]

[deliver] the (identify deed) to (name grantee)?"

On this issue the burden of proof is on the plaintiff. 1 This means

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

(name grantor) did not possess sufficient mental capacity to [execute]

[deliver] the (identify deed).2

A grantor must have sufficient mental capacity to understand what

he is conveying, the person to whom he is conveying, the purpose for

which the conveyance is being made, and the nature, scope and

consequences of his act.3 A grantor may have sufficient mental capacity

although he does not act wisely or discretely, or drive a good bargain.4 A

grantor may also have sufficient mental capacity even if suffering from

mental weakness or infirmity.5

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

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

(name grantor) lacked sufficient mental capacity to [execute] [deliver]

the (identify deed) to (name grantee), 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, then it would be your duty

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