N.C.P.I.—Civil 860.15

The (state number) issue reads:

"Did the deceased lack sufficient mental capacity to make and

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

executed?"

You will answer this issue only if you have answered the (state

number) issue(s) in favor of the propounder.

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

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

deceased did not possess sufficient mental capacity to make and execute

a will at the time the propounder's exhibit (state number) was executed.2

A person has sufficient mental capacity to make and execute a will

if he understands that he is making a will, if he knows what property he

has, if he understands the effect the act of making a will would have on

his property, if he understands who would naturally be expected to

receive his property at his death, and if he knows to whom he intends to

give his property. A person's inability to understand any one of these

things at the time the writing is executed means that he lacks sufficient

mental capacity to make a will.3

However, the lack of sufficient mental capacity may not be

presumed from the mere fact a person

[is old]

[is feeble]

[is eccentric]4

[is intellectually weak]5

[is physically infirm]6

[makes what others might consider an unwise, unreasonable or

unjust decision concerning his property].7

In considering whether the deceased had sufficient mental capacity

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

executed, you may consider all facts and circumstances in evidence as to

whether he understood he was making a will, whether he knew what

property he had, whether he understood the effect the act of making a

will would have on his property, whether he understood who would

naturally be expected to receive his property at his death, and whether

he knew to whom he intended to give his property.

(NOTE WELL: Use only in cases where there is some

evidence tending to show that the deceased attempted

to commit suicide or committed suicide:

Lack of mental capacity to make a will may not be presumed from

the mere fact that the deceased [attempted suicide] [committed

suicide]. However, you may consider the deceased's [attempted suicide]

[suicide] together with all of the other evidence in the case in

determining whether the deceased had sufficient mental capacity to

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

executed.8)

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

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

lacked sufficient mental capacity to make and execute a will at the time

the propounder's exhibit (state number) was executed, then it would be

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

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 propounder.