§ 31-10. Beneficiary competent witness; when interest rendered void. - North Carolina Statutes

§31‑10.  Beneficiary competent witness; when interest rendered void.

(a)        A witness to anattested written or a nuncupative will, to whom or to whose spouse a beneficialinterest in property, or a power of appointment with respect thereto, is givenby the will, is nevertheless a competent witness to the will and is competentto prove the execution or validity thereof. However, if there are not at leasttwo other witnesses to the will who are disinterested, the interested witnessand his spouse and anyone claiming under him shall take nothing under the will,and so far only as their interests are concerned the will is void.

(b)        A beneficiary undera holographic will may testify to such competent, relevant and material factsas tend to establish such holographic will as a valid will without renderingvoid the benefits to be received by him 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.)