Wrenn v. Holyfield

547 S.E.2d 853, 144 N.C. App. 295, 2001 N.C. App. LEXIS 443
CourtCourt of Appeals of North Carolina
DecidedJune 19, 2001
DocketNo. COA00-914
StatusPublished
Cited by20 cases

This text of 547 S.E.2d 853 (Wrenn v. Holyfield) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wrenn v. Holyfield, 547 S.E.2d 853, 144 N.C. App. 295, 2001 N.C. App. LEXIS 443 (N.C. Ct. App. 2001).

Opinion

TYSON, Judge.

Lucy W. Wrenn and Verlie W. Barker (collectively “caveators”) appeal the entry of judgment in favor of respondent, Orna W. [296]*296Holyfield (“respondent”). We affirm the trial court’s initial grant of summary judgment in favor of respondent, reserving the issue of devisavit vel non. We find no error in the trial court’s subsequent entry of judgment for respondent following a jury verdict in respondent’s favor on the remaining issue of devisavit vel non.

I. Facts

Caveators and respondent are sisters. Their mother, Mary Crouse Whitaker (“Whitaker”) died testate on 8 July 1997. Whitaker’s will, executed 17 May 1994, left the estate to respondent to the exclusion of caveators. The bulk of the estate was comprised of a partial interest in 29 acres of land and 35 acres inherited from Whitaker’s deceased husband.

On 7 May 1999, caveators filed a petition to set aside Whitaker’s will. The petition alleged, inter alia, (1) that respondent exerted undue influence on Whitaker, (2) that Whitaker lacked capacity to know her heirs and to determine how to devise her property, and (3) that respondent directed the manner in which Whitaker drafted her will. Respondent moved for summary judgment on 19 July 1999.

The trial court reviewed affidavits submitted by both parties prior to ruling on respondent’s summary judgment motion. Caveators submitted a single, joint affidavit in support of their petition. The affidavit alleged that Whitaker “became unable.to make reasonable decisions, or distinguish between her daughters” following the death of Whitaker’s husband in 1973. The affidavit contained various statements about Whitaker’s general mental state, that she “often times did not know what she was doing,” and that Whitaker had delusions that people were stealing from her. Caveators further testified in the affidavit that Whitaker “came under the influence of [respondent] and all her activities including her feeding was controlled by [respondent].”

Respondent submitted an affidavit from Janice Harris (“Harris”), an employee of the law office which drafted Whitaker’s will. Harris testified that she spoke with Whitaker by telephone on more than one occasion. Whitaker told Harris that she had three surviving daughters, caveators and respondent. Whitaker expressed to Harris that she wanted to devise all of her property to respondent, because respondent had continually cared for Whitaker. Whitaker discussed with Harris the nature of her property and the deeds to her land.

[297]*297Harris testified that she met with Whitaker alone regarding the proposed will. Harris testified that she read aloud each paragraph of the proposed will to Whitaker, and explained each provision to her. Harris again asked Whitaker whether it was her intent to devise all of her property to respondent. Whitaker told Harris that was her desire, since caveators had not helped her in the manner that respondent had. Harris testified that Whitaker’s intent was clear, that Whitaker was competent, and that she knew the nature of her act and extent of her property. Harris further testified that respondent never prevented Harris from talking to Whitaker, or otherwise interfered with the drafting of Whitaker’s will.

Respondent also submitted her own affidavit. Respondent testified that caveators continually pressured Whitaker to sell her land, and arranged potential buyers for the property. Respondent testified that Whitaker made all of her own financial decisions, purchased her own groceries, and paid her own bills up until her death. Respondent stated that Whitaker was capable of discussing family matters and the nature and extent of the land she owned. Respondent testified that Whitaker never asked for respondent’s advice nor sought her opinion in making a will. Whitaker did tell respondent that she wished to leave the entire estate to respondent, since respondent had continually assisted Whitaker, and caveators had not.

On 25 October 1999, the trial court granted summary judgment for respondent, reserving the issue of devisavit vel non. A jury trial was held on this remaining issue at the 22 May 2000 term of the Surry County Superior Court. The jury found that the document offered by respondent as Whitaker’s will was “in every essential part thereof the will of Mary Crouse Whitaker” and that the will was “executed according to the requirements of the law for a valid attested will.” The trial court entered judgment in favor of respondent on 30 May 2000. Caveators appeal.

Caveators assign error to the trial court’s initial grant of summary judgment as to all issues except devisavit vel non, and to the trial court’s subsequent entry of judgment following a jury verdict for respondent. We affirm the trial court’s ruling and find no error in the trial court’s entry of judgment on the verdict.

II. Summary Judgment

Summary judgment is appropriate where there are no genuine issues of material fact and where the movant is entitled to judg-[298]*298merit as a matter of law. Hummer v. Pulley, Watson, King & Lischer, P.A. 140 N.C. App. 270, 278, 536 S.E.2d 349, 354 (2000). The presumption is that “every individual has the requisite capacity to make a will, and those challenging the will bear the burden of proving, by the greater weight of the evidence, that such capacity was wanting.” In re Sechrest, 140 N.C. App. 464, 473, 537 S.E.2d 511, 517 (2000), disc. review denied, 353 N.C. 375, -S.E.2d-(2001) (citation omitted).

A. Testamentary Capacity

“A testator has testamentary capacity if he comprehends the natural objects of his bounty; understands the kind, nature and extent of his property; knows the manner in which he desires his act to take effect; and realizes the effect his act will have upon his estate.” Matter of Will of Buck, 130 N.C. App. 408, 412, 503 S.E.2d 126, 130 (1998), affirmed, 350 N.C. 621, 516 S.E.2d 858 (1999) (citing In re Will of Shute, 251 N.C. 697, 111 S.E.2d 851 (I960)).

In Buck, this Court noted that the caveators had presented “ample evidence . . . indicative of testator’s declining mental and physical health in the months preceding his execution of the proffered will.” Id. at 413, 503 S.E.2d at 130. However, we held that the caveators could not establish lack of testamentary capacity where there was no specific evidence “relating to testator’s understanding of his property, to whom he wished to give it, and the effect of his act in making a will at the time the will was made.” Id. (citation omitted) (emphasis supplied). We stated:

In the present case, caveator presented only general testimony concerning testator’s deteriorating physical health and mental confusion in the months preceding the execution of the will, upon which her witnesses based their opinions as to his mental capacity.

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Cite This Page — Counsel Stack

Bluebook (online)
547 S.E.2d 853, 144 N.C. App. 295, 2001 N.C. App. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wrenn-v-holyfield-ncctapp-2001.