In re the Will of Lynn
In re the Will of Lynn
Opinion of the Court
The paper writing of primary significance is the purported will of November 28, 1956. The purported codicils do not affect appreciably its dispositive provisions.
Uncontroverted evidence tends to show the facts narrated below.
On November 28, 1956, Lukie Dale Lynn was 77. This was nearly six years before she suffered the stroke.
In May of 1963, based on Lukie Dale Lynn’s then incompetency, John Warren Lynn (substitute executor of Lukie Dale Lynn’s estate) qualified as her guardian and thereafter served in that capacity. On May 31, 1963, an inventory was made of the contents of Lukie Dale Lynn’s safe deposit box at Wachovia Bank and Trust Company in Durham. When said inventory was made, said three paper writings, wholly in her handwriting and later probated as Lukie Dale Lynn’s last will and testament, were in the box. After the inventory, said three paper writings were put back in the box and remained there until Lukie Dale Lynn’s death.
There was no conflict in the evidence relating to the first issue.
As to the second (mental capacity) issue, the evidence was in sharp conflict. The jury, under proper instructions, answered this issue in favor of the propounders.
The first and second issues having been answered, “Yes,” by the jury, the court, as stipulated, answered the third issue, “Yes.”
Caveators assign as error the court’s refusal to submit their tendered issue relating to alleged undue influence and the court’s failure to instruct the jury as to undue influence. These assignments are without merit. Careful consideration fails to disclose any evidence that the signature of Lukie Dale Lynn to said paper writings was obtained “through undue and improper influence and duress upon the said Lukie Dale Lynn” by Mrs. Sorrell or by Dr. Harrell or by Mr. Hancock. Moreover, we find nothing in the evidence sufficient to support caveators’ contention 'that there existed a fiduciary or confidential relationship between any of these persons and Lukie Dale Lynn.
Caveators assign as error the court’s refusal to admit in evidence the verified petition dated May 7, 1963, filed by J. W. Lynn in the proceeding in which he was appointed guardian of the affairs of
Other assignments of error are directed to adverse rulings in relation to the admission or exclusion of evidence. Suffice to say, careful consideration of these assignments fails to disclose prejudicial error.
No error.
Reference
- Full Case Name
- IN THE MATTER OF THE WILL OF LUKIE DALE LYNN
- Status
- Published