{
  "id": 8655129,
  "name": "In re Will of GEORGE V. CREDLE, GEORGE T. CREDLE, Caveator",
  "name_abbreviation": "In re Will of Credle",
  "decision_date": "1918-09-18",
  "docket_number": "",
  "first_page": "84",
  "last_page": "86",
  "citations": [
    {
      "type": "official",
      "cite": "176 N.C. 84"
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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    {
      "cite": "48 N. C., 245",
      "category": "reporters:state",
      "reporter": "N.C.",
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        2086741
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        "/nc/48/0245-01"
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    {
      "cite": "24 N. C., 23",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8683735
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      "opinion_index": 0,
      "case_paths": [
        "/nc/24/0023-01"
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    {
      "cite": "144 N. C., 449",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8660641
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      "opinion_index": 0,
      "case_paths": [
        "/nc/144/0449-01"
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  "last_updated": "2023-07-14T20:39:13.878101+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "In re Will of GEORGE V. CREDLE, GEORGE T. CREDLE, Caveator."
    ],
    "opinions": [
      {
        "text": "BeowN, J.\nThe execution of the will being admitted, the court placed the burden of proof upon the second and third issues upon caveator, and charged the jury as recited. The only assignment of error is directed to the sufficiency of the evidence.\nWe agree.with the learned judge that the evidence of incapacity'is too indefinite and too lacking in directness to justify a verdict upon the second issue, and there is absolutely no evidence of undue influence.\nThe rule that when insanity is proved to have existed at any particular time, it is to be presumed to continue, applies only to cases of general or habitual insanity. Therefore, where a general mental derangement or lunacy is shown to have existed not very long prior to the execution of a will, tbe burden of proof as to the sanity of the testator is thrown upon the propounder to show that when the will was executed the testator was of sound mind. Hudson v. Hudson, 144 N. C., 449; Ballew v. Clark, 24 N. C., 23.\nBut no presumption of continued insanity arises from intermittent and occasional mental disturbance of a temporary character. S. v. Sewell, 48 N. C., 245. The evidence in this case discloses nothing more than an occasional mental disturbance. We think the caveator has failed to offer sufficient evidence to justify the jury in finding that when he executed the will, on 24 February, 1905, the testator was non compos mentis.\nNo error.",
        "type": "majority",
        "author": "BeowN, J."
      }
    ],
    "attorneys": [
      "Ward & Grimes for propounders.",
      ".Spencer & Spencer and H. G. Garter, Jr., for caveator."
    ],
    "corrections": "",
    "head_matter": "In re Will of GEORGE V. CREDLE, GEORGE T. CREDLE, Caveator.\n(Filed 18 September, 1918.)\n1. Wills \u2014 Execution \u2014 Admissions \u2014 Mental Incapacity \u2014 Undue Influence\u2014 Burden of Proof.\nUpon proceedings to caveat a will, the burden of proof as to mental incapacity and undue influence is upon the caveator when he admits that the paper-writing was duly and formally executed by the testator therein.\n2.Wills \u2014 Insanity \u2014 Presumptions \u2014 Mental Disturbances \u2014 Evidence\u2014Burden of Proof.\nThe presumption of the continued mental incapacity of the testator to make his will, when mental derangement has been shown a short time prior to its execution, applies to cases of general or habitual insanity, and not to those of intermittent and occasional mental disturbances, which, under the circumstances of this case, are held to be too indefinite and lacking in directness to place the burden of proof on the propounders and take the case to the jury.\nIssue of devisavit vel non, tried before Bond, J., at July Term, 1918, of Hyde.\nThese are the issues:\n1. \"Were the paper-writings propounded as the last will and testament of George Y. Credle and codicil thereto, written, signed, witnessed, and executed in accordance with the formalities required by law for execution of a valid last will and testament and codicil to same? Answer: Yes.\n. 2. At the time of execution of said paper-writings, did said George Y. Credle have sufficient mental capacity to make and execute a valid will and codicil to same? Answer: Yes.\n3. Was the execution of either of said paper-writings procured by undue influence? Answer: No.\n4. Is said paper-writing and said codicil propounded and every part of both the last will and testament and codicil to same of said George Y. Credle? Answer: Yes.\nThe answer to the first issue was agreed to, and the court charged the jury that there was not sufficient evidence upon the second and third issues to warrant a finding for the caveator. The latter excepted and appealed.\nWard & Grimes for propounders.\n.Spencer & Spencer and H. G. Garter, Jr., for caveator."
  },
  "file_name": "0084-01",
  "first_page_order": 136,
  "last_page_order": 138
}