N.C.P.I.—Civil 860.05

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

the requirements of law1 for a valid attested will?"

On this issue, the burden of proof is on the propounder.2 This

means that the propounder must prove, by the greater weight of the

evidence, three things:3

First, that the deceased [signed the propounder's exhibit (state

number) with the intent 4 that it be his will] [directed another to sign his

name to the propounder's exhibit (state number) in his presence and with

the intent that it be his will].5 (The deceased's signature need not

appear on any particular part of the writing. It may appear at the end of

the writing or be written in or on the body of the writing, so long as it is

put there by [the deceased himself] [another person in the presence and

at the direction of the deceased].)6 The law does not require any

particular form of signature, and the signing can be in any form so long

as it is intended as a signature.

Second, that the deceased must have indicated to at least two

witnesses by his words or conduct that the signature on the propounder's

exhibit (state number) was his by [signing it in their presence] [by

acknowledging to them that the signature on it was his].7 (The deceased

may have signed in front of both witnesses, or have acknowledged his

signature to both witnesses (together or separately) or have signed in

front of one witness and acknowledged to the other.)

And Third, that these same witnesses must have signed the

propounder's exhibit (state number) in the presence and at the request of

the deceased.8 (However, the witnesses need not have signed in the

presence of each other.) (The witnesses must have been situated so

that the deceased, if he chose to, could have seen them sign the writing,

whether they were in the same room with him or not.)

Finally, as to this issue on which the propounder has the burden of

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

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

requirements of law for a valid attested will, then it would be your duty

to answer this issue "Yes" in favor of the propounder.

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 caveator.