N.C.P.I.—Civil 860.00

Members of the jury, this proceeding is called a [probate in solemn

form of the will of (name deceased)] [caveat to the will of (name

deceased)]. (Name deceased) may hereafter be referred to as the

deceased. A writing was offered for probate as the will of (name

deceased) before the Clerk of Superior Court of this county and proved

before the Clerk upon the testimony of the supporting witnesses.

Thereafter, the [heir(s)] [(name other interested party(ies))] of (name

deceased) filed what is known as a caveat. The matter has now been

transferred to this court for a determination by you as to whether this

writing, and every essential part thereof, is the will of (name deceased).

(Name propounder) is called the propounder of this writing. The

propounder seeks to establish the writing as a valid will. (Name

caveator) is called the caveator. The caveator contests that this writing

is a valid will for certain legal reasons. The writing at issue has now

been marked as propounder's exhibit (state number).

You will hear evidence and decide certain issues in this case.1

These issues are as follows:

(Here charge the following issues as appropriate.)

[Was the propounder's exhibit (state number) executed according to

the requirements of the law for a valid attested will? (See N.C.P.I.-Civil

860.05.)]

[Was the propounder's exhibit (state number) executed according to

the requirements of law for a valid handwritten will? (See N.C.P.I.-Civil

860.10.)]

[Did the deceased lack sufficient mental capacity to make and

execute a will at the time the propounder's exhibit (state number) was

executed? (See N.C.P.I.-Civil 860.15.)]

[Was the execution of the propounder's exhibit (state number)

procured by undue influence? (See N.C.P.I.-Civil 860.20.)]

[Was the execution of the propounder's exhibit (state number)

procured by duress? (See N.C.P.I.-Civil 860.22)]

[Is the propounder's exhibit (state number), and every essential

part thereof, the will of (name deceased)? (See N.C.P.I.-Civil 860.25.)]

(Here charge on the appropriate issues.)