NC · jury_instructions
N.C.P.I.—Civil 860.25
WILLS - DEVISAVIT VEL NON.
The (state number) issue reads:
"Is the propounder's exhibit (state number), and every essential
part thereof, the will of (name deceased)?"
The propounder's exhibit (state number) is not a will unless and
until you pronounce it to be one.2
Therefore, I instruct you that 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] [handwritten]
will, then it would be your duty to answer this issue "Yes" in favor of the
propounder.
If, on the other hand, you find, by the greater weight of the
evidence, that
[the propounder's exhibit (state number) was not executed
according to the requirements of law for a valid [attested] [handwritten]
will],
[the deceased lacked sufficient mental capacity to make a will at
the time the propounder's exhibit (state number) was executed],
[the execution of the propounder's exhibit (state number) was
procured by undue influence],
[the execution of the propounder's exhibit (state number) was
procured by duress],
then it would be your duty to answer this issue "No" in favor of the
caveator.
History
N.C.P.I.—Civil 860.25 (May 2001). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
b3302b16fa04a9ed6bb9e8683f1f21f8c676810876f182e9c4ec7f72aecbc6a8
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