Bundrick v. . Haygood

Citations

• 11 S.E. 423
• 106 N.C. 468

Syllabus

<p>Nuncupative Wills — Statutory Requirements — • Witnesses — Last Illness.</p> <p>1. A nuncupative wild must be proved on the oath of at least two credible witnesses present at 'the making thereof, who state that they were specially required to bear witness by the testator himself. It must have been made in his last sickness, in his own habitation, or in one where he had been resident for at least ten days previous, unless he died on a journtey or from home.</p> <p>2. The statutory requisites must be strictly complied with in all material respects.</p> <p>3. Where a woman in her last illness, without expressing any purpose to make a will, in terms, said she wanted to give to her sister certain articles of personal peoperty, and called her to her bed-side and gave them to her, in the presence of two other persons, but did not call them, or either of them, to witness the transaction : Held, that this did not constitute a nueupative will.</p>