In re Will of Bell, 192 N.C. 813 (1926)

Oct. 13, 1926 · Supreme Court of North Carolina

192 N.C. 813

In re WILL OF MARY E. BELL.

(Filed 13 October, 1926.)

Appeal by caveators from Devin, J., at June Term, 1926, of Car-teret.

Issue of devisavit vel non, raised by a caveat-to the will of Mary E. Bell. Alleged mental incapacity and undue influence are the grounds upon which the caveat is based.

The verdict establishes: (1) That the paper-writing propounded was duly executed in manner and form as prescribed by statute for the execution of wills; (2) that Mary E. Bell had sufficient mental capacity to execute tbe same as ber last will and testament; (3) tbat its execution was not procured by undue influence; and (4) tbat tbe paper-writing propounded, and every part thereof, is tbe last will and testament of Mary E. Bell, deceased.

From a judgment on tbe verdict in favor of propounder, tbe cave-ators appeal, assigning errors.

Ward & Ward, J. F. Duncan and Qowper, Whitaker & Allen for ,icaveators.

D. L. Ward, M. Leslie Davis and D. L. Ward, Jr., for propounder.

Per Curiam.

A careful perusal of tbe record leaves us witb tbe impression tbat tbe matter bas been beard and determined substantially in accord witb tbe principles of law applicable, and tbat tbe validity of tbe trial should be sustained. All questions in dispute have been settled by tbe verdict, and no action or ruling on the- part of tbe trial court bas been discovered by us which we apprehend should be held for reversible error.

Tbe exceptions relating to tbe admission and exclusion of evidence, and those directed to tbe charge, must all be resolved in favor of tbe validity of tbe trial. No new question of law or one not heretofore settled by our decisions is presented by tbe appeal. Tbe verdict and judgment will be up held.

No error.