{
  "id": 8562430,
  "name": "IN THE MATTER OF THE WILL OF T. A. BROOKS, Deceased",
  "name_abbreviation": "In re the Will of Brooks",
  "decision_date": "1966-03-02",
  "docket_number": "",
  "first_page": "646",
  "last_page": "647",
  "citations": [
    {
      "type": "official",
      "cite": "266 N.C. 646"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 214,
    "char_count": 2447,
    "ocr_confidence": 0.558,
    "sha256": "99c599df7f6a3704d7ebd45b59607eda8f42bbc0f205934b650997d9cedad44e",
    "simhash": "1:94db68acba11d57c",
    "word_count": 413
  },
  "last_updated": "2023-07-14T18:16:51.556627+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Mooee, J., not sitting."
    ],
    "parties": [
      "IN THE MATTER OF THE WILL OF T. A. BROOKS, Deceased."
    ],
    "opinions": [
      {
        "text": "Per Cukiam.\nWe have carefully examined the entire record and considered caveator\u2019s assignments of error, each of which relates to the admission or exclusion of testimony. In no ruling have we found any error which would justify a new trial. The clear cut issue was whether T. A. Brooks had testamentary capacity on each of the three dates he signed the paper writings offered for probate. Both propounders and caveators offered evidence, and the jury\u2019s verdict established the will. The case was tried in accordance with settled principles of law. In the trial we find\nNo error.\nMooee, J., not sitting.",
        "type": "majority",
        "author": "Per Cukiam."
      }
    ],
    "attorneys": [
      "Leroy Scott and Carter \u25a0& Boss for caveator appellants.",
      "John A. Wilkinson and Rodman & Rodman for propounder ap-pellee."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF THE WILL OF T. A. BROOKS, Deceased.\n(Filed 2 March, 1966.)\nAppeal by caveators from Clark, S.J., November 1965 Special Session of BeaufoRT.\nT. A. Brooks died June 26, 1964. His wife had predeceased him, and he left no lineal heirs. On July 22, 1964, the Bank of Washington, as the executor and trustee named therein, offered three attested writings for probate as the last will and testament of T. A. Brooks, The first, dated February 13, 1962, purported to be his \u201cLast Will and Testament\u201d; the second, dated March 6, 1962, and the third, dated October 6, 1962, were each labeled \u201cCodicil to My Last Will and Testament dated February 13, 1962.\u201d In these writings which were probated in common form, T. A. Brooks devised all his property to the Bank of Washington in trust (1) to support and educate deserving white, \u201cfatherless orphans\u201d selected by the trustee, who was directed to give priority to Beaufort County residents; (2) to pay $20.00 a month to the Methodist Episcopal Church of Washington during its existence; and (3) to pay $76.00 a month for life to each of four beneficiaries: a sister-in-law, the nurse who had attended him and his wife, and two nieces.\nOn January 6, 1965, twenty-one of his collateral relations filed a caveat in which they alleged that, at the time T. A. Brooks signed each of the probated documents, he lacked testamentary capacity because of mental weakness resulting from old age and disease. The usual issues were submitted to the jury and answered in favor of the propounder. From the judgment declaring that the paper writings proffered constituted \u201cthe true Last Will and Testament of T. A. Brooks\u201d and admitting them to probate in solemn form, cav-eators appeal.\nLeroy Scott and Carter \u25a0& Boss for caveator appellants.\nJohn A. Wilkinson and Rodman & Rodman for propounder ap-pellee."
  },
  "file_name": "0646-01",
  "first_page_order": 682,
  "last_page_order": 683
}