{ "id": 8657727, "name": "In re Will of J. J. PARKER", "name_abbreviation": "In re Will of Parker", "decision_date": "1914-03-11", "docket_number": "", "first_page": "130", "last_page": "132", "citations": [ { "type": "official", "cite": "165 N.C. 130" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "84 N. C., 235", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8690318 ], "opinion_index": -1, "case_paths": [ "/nc/84/0235-01" ] }, { "cite": "159 N. C., 203", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8657624 ], "opinion_index": 0, "case_paths": [ "/nc/159/0203-01" ] }, { "cite": "84 N. C., 235", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8690318 ], "opinion_index": 0, "case_paths": [ "/nc/84/0235-01" ] } ], "analysis": { "cardinality": 271, "char_count": 3868, "ocr_confidence": 0.462, "pagerank": { "raw": 1.0922746476303191e-07, "percentile": 0.5659075104378672 }, "sha256": "05738921be0425c8a972a51f61ee95a3231a088934bab27c714b43e1fbc01b5a", "simhash": "1:266d93943e89ce76", "word_count": 699 }, "last_updated": "2023-07-14T20:20:28.606556+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re Will of J. J. PARKER." ], "opinions": [ { "text": "Clark, 0. J.\nThe first and second exceptions are abandoned, not being brought forward in the brief. Rule 34.\nExceptions 3 and 4 are to the following question and answer: \u201cWhat would you say as to his having a clear understanding of the nature of the business in which he was engaged, of the kind and the value of the property which he held, and the persons who are th\u00e9 natural objects of his bounty, and the nature in which he desired his property to be distributed? State if you think he had that mental capacity ?\u201d To which he replied: \u201cI don\u2019t think he meant for his folks to have any of it, from the .way he talked; he had sense when I was around, as far as I know.\u201d\nWhile the answer' was crude, it was not of such import \u2019 as to influence the jury, nor of such gravity as to amount to a reversible error; indeed, it was competent under the rules laid down in McLeary v. Norment, 84 N. C., 235.\nThe 5th, 6th, 11th, and 12th exceptions are to the charge of the court, in that he restricted the caveator\u2019s attack to a lack of mental capacity, and did not submit to the jury the aspect of undue influence. A careful consideration shows no' testimony tending to prove undue influence and no exception to any exclusion of testimony in that view. The caveators admitted that the will was duly signed in the |>resence of two witnesses, and placed their attack on the ground of mental incapacity. The testator lived alone, neglected by his kinsmen, and the pro-pounder seems to have been the person to whom he looked for aid in time of need, but there is no evidence that he occupied any fiduciary relation to the testator. The testator on the day the will was made, early in the morning, sent a servant to the propounder, asking him to come to his house. The propounder.-knew nothing as to why he was wanted until his arrival, and then at the request of the testator he went for an attorney and some witnesses. The attendant circumstances show no' element of undue influence. Indeed, the caveator asked for no instruction as to undue influence,' and tendered no issue. 'It is true that in Fowler\u2019s case, 159 N. C., 203, it was held that a submission-of an issue of that kind is not necessary; yet the failure to ask any instruction on that point confirms our view of the-evidence.\nThe other exceptions do not require discussion.\nNo error.", "type": "majority", "author": "Clark, 0. J." } ], "attorneys": [ "W. F. Evans and Harding & Peirce for propounder.", "Julius Brown and H. S. Ward for caveator." ], "corrections": "", "head_matter": "In re Will of J. J. PARKER.\n(Filed 11 March, 1914.)\n1. Appeal \u2014 Brief\u2014Exceptions Abandoned.\nExceptions not brought forward in appellant\u2019s brief are deemed abandoned on appeal. Rule 34.\n2.-Wills \u2014 Mental Capacity \u2014 Evidence\u2014Appeal and Error \u2014 Harmless Error.\nIn an action to caveat a will, the witness\u2019s answer to a question directed to the mental capacity of the testator, who had devised his property to one not related to him, that he did not think the testator \u201cmeant for his folks to have any of his property, from the \"way he talked, and that he had sense when he was around, so far as he knew,\u201d is held competent under the rules laid down in McLeary v. Norment, 84 N. C., 235; but if otherwise, it was not reversible error .in this case. '\n3. Wills \u2014 Undue Influence \u2014 Evidence.\nWhere the benefieiai'y and the testator are not related, and the evidence discloses that the latter sent for the former when the will was written, who at his request sent for the attorney who drew the will and for the witnesses.thereto; that.there was no relationship of confidence or trust except that the testator looked to him in time of need, and that he lived alone, neglected by his kinsmen, it is not sufficient to be submitted to the jury upon the question of undue influence.\nAppeal by caveator from Whedbee, J., at November Term, 1913, of Pitt.\nTbis is an action to caveat a will for mental incapacity of the testator, and for undue influence. \u2022\nW. F. Evans and Harding & Peirce for propounder.\nJulius Brown and H. S. Ward for caveator." }, "file_name": "0130-01", "first_page_order": 178, "last_page_order": 180 }