IN THE MATTER OF THE WILL OF ELZIE ROGERS MCNEIL, Deceased., 230 N.C. App. 241

Summary

HOLDINGS: [1]-Appellants caveators showed no fact issue as to a testator's undue influence to make a new will because nothing showed specific instances of mental infirmity, being subject to appellees propounders' constant association and supervision, or others' inability to interact with the testator, and the will was much like a prior will, no propounder benefitted more, no caveator lost anything, the testator was related by blood to all beneficiaries, only her grandson was disinherited, and a propounder helping procure the new will had no greater benefit; [2]-No fact issue as to testamentary capacity was shown because general claims of confusion and deteriorating health stated no inability to recall a family member's name or understand surroundings, and distributing non-existent shares in a non-profit corporation, due to N.C. Gen. Stat. § 55A-6-21 (2011), did not show incapacity.