In Re Will of Finch

102 S.E. 737, 179 N.C. 696, 1920 N.C. LEXIS 328

• Court: Supreme Court of North Carolina
• Decided: April 14, 1920
• Status: Published

Opinion

Per Curiam.

Under a full and comprehensive charge tbe jury bave rendered their verdict in favor of tbe propounders, finding on separate issues that tbe testatrix bad tbe requisite mental capacity, and that there bad been no undue influence exerted, and on careful examination we are of opinion that tbe exceptions of appellant present no substantial objection to tbe validity of tbe trial and judgment.

Tbe remarks of bis Honor in approval of tbe high character of counsel who drew tbe will, however just in themselves, might bave become tbe source of prejudicial error on a debateable question, but in -tbe way they are presented in the record these comments could only have had significance on the issue as to undue influence, and there are no facts in evidence which show or tend to show the exertion or effect of such influence by the propounders or any other.

This exception, therefore, is immaterial, and must be disallowed.

A perusal of the record will show that the verdict of the jury is fully justified on all the issues. That no reversible error has been made to appear, and the judgment upholding the will should be affirmed.

No error.