(a) A witness to an attested written or a nuncupative will, to whom or to whose spouse a beneficial interest in property, or a power of appointment with respect thereto, is given by the will, is nevertheless a competent witness to the will and is competent to prove the execution or validity thereof. However, if there are not at least two other witnesses to the will who are disinterested, the interested witness and the interested witness's spouse and anyone claiming under the interested witness shall take nothing under the will, and so far only as their interests are concerned the will is void.
(b) A beneficiary under a holographic will may testify to such competent, relevant and material facts as tend to establish such holographic will as a valid will without rendering void the benefits to be received by the beneficiary thereunder. (R.C., c. 119, s. 10; Code, s. 2147; Rev., s. 3120; C.S., s. 4138; 1953, c. 1098, s. 11; 1955, c. 73, s. 2; 2011-344, s. 8.)
§ 31-10.1. Corporate trustee not disqualified by witnessing of will by stockholder.
A corporation named as a trustee in a will is not disqualified to act as trustee by reason of the fact that a person owning stock in the corporation signed the will as a witness. (1949, c. 44.)
Article 4.
Depository for Wills.
Notes of Decisions
Matter of Will of Lamparter, 497 S.E.2d 692 (N.C. 1998).
· cites it 9× “§ 31-10 provides in part: (b) A beneficiary under a holographic will may testify to such competent, relevant and material facts as tend to establish such holographic will as a valid will without rendering void the benefits to be received by him thereunder. N.C.G.S. § 3140(b)…”
Brickhouse v. Brickhouse, 407 S.E.2d 607 (N.C. Ct. App. 1991).
· cites it 3× “Brickhouse is allowed to take under the will pursuant to N.C.G.S. § 31-10, the will is still valid unless it is attacked by caveat.”
In Re the Will of Crawford, 98 S.E.2d 29 (N.C. 1957).
“Lewis by the testatrix three days before her death with instructions that it be delivered to Mrs.”
Renn v. Williams, 64 S.E.2d 437 (N.C. 1951).
“The wife of Bennie Corbitt Hall having attested the execution of the will of Mary Alice Williams, the devise to him of one hundred acres of land was rendered void by the statute G.S. 31-10. It was so adjudged by the clerk and admitted by all parties.”
Brown v. Byrd, 113 S.E.2d 804 (N.C. 1960).
“G.S. 31-10, as amended by Ch. 1098, Session Laws of 1953, and by Ch.”
In re the Will of Lamparter, 486 S.E.2d 458 (N.C. Ct. App. 1997).
· cites it 8× “We must determine the extent to which testimony regarding a decedent’s testamentary intent is admissible to establish a valid holographic will under N.C. Gen. Stat. § 31-10 (b) (1984). Rule 601 of the North Carolina Rules of Evidence, also known as the Dead Man’s Statute,…”
— N.C. Gen. Stat. § 31-10(b) — 2 cases
Matter of Will of Lamparter, 497 S.E.2d 692 (N.C. 1998).
“§ 31-10 provides in part: (b) A beneficiary under a holographic will may testify to such competent, relevant and material facts as tend to establish such holographic will as a valid will without rendering void the benefits to be received by him thereunder. N.C.G.S. § 3140(b)…”
In re the Will of Lamparter, 486 S.E.2d 458 (N.C. Ct. App. 1997).
“We must determine the extent to which testimony regarding a decedent’s testamentary intent is admissible to establish a valid holographic will under N.C. Gen. Stat. § 31-10 (b) (1984). Rule 601 of the North Carolina Rules of Evidence, also known as the Dead Man’s Statute,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.