The North Carolina Court of Appeals has affirmed a lower court's ruling that invalidated a will presented by Tammy Everhart, the widow of David Anthony Greenamyer. This decision, made on June 17, 2026, affects the estate of Greenamyer and clarifies the requirements for witness signatures on wills in North Carolina.

The case, docket number 25-1004, arose after Greenamyer's death on June 23, 2023. His children, Ralph and Sara Greenamyer, contested a document that Everhart claimed was the decedent's revised will. The revised will, dated January 28, 2023, included signatures from two witnesses, but it was alleged that these signatures were not valid as they were signed by a third party, Karen Nash, rather than by the witnesses themselves.

Background

David Anthony Greenamyer's children, Ralph and Sara, filed a will caveat shortly after their father's death, claiming that the revised will was forged. The case was transferred to the Davidson County Superior Court for trial by jury. During a pretrial hearing, it was revealed that the witness signatures on the revised will were written by Nash at the request of the witnesses, which raised questions about the validity of the will under North Carolina law.

The trial court initially sided with the caveators, leading to motions for summary judgment from both parties. The court found that the Revised Will did not meet the statutory requirements for an attested written will, particularly regarding the signatures of the witnesses.

The Ruling

The Court of Appeals, led by Judge John Arrowood, ruled that the Revised Will was invalid because it did not comply with North Carolina General Statutes § 31-3.3, which governs the requirements for executing an attested will. The court stated, "The General Assembly did not intend to allow attesting witnesses to adopt signatures written by a third party. Rather, the witnesses must actually sign the will themselves."

The court's decision emphasized that the statutory requirements for witness signatures are strict to prevent fraud and ensure the integrity of the will. The trial court's ruling was upheld, affirming that the Revised Will was invalid as a matter of law.

Impact

This ruling has significant implications for future estate disputes in North Carolina. It clarifies that witnesses must physically sign a will themselves and cannot have a third party sign on their behalf. This decision aims to enhance the protection against fraud and ensure that the witnessing process is taken seriously.

As a result of this ruling, individuals involved in estate planning must be aware of the strict requirements for witness signatures to avoid similar disputes in the future. The ruling reinforces the importance of having witnesses present during the signing of a will and the necessity for them to sign in their own handwriting.

What's Next

Details were not available in the court filing regarding whether this case could be appealed further. There are no related cases pending that were mentioned in the opinion.