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Tag Archives: undue influence

Trusts & Estates – Wills – Undue Influence – Fiduciary Relationship – Testatrix’s Daughter

In re Estate of Raney A brother presented enough evidence to go to the jury on the question of whether his sister unduly influenced their mother - while the mother was under a doctor’s care and was living in the sister’s house — to change her will in favor of the sister. We affirm the trial court’s denial of the sister’s motions for a directed verdict, for judgment notwithstanding the verdict, and for a new trial.

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Trusts & Estates – Wills – Undue Influence – Evidence – Dead Man’s Statute – Opening the Door – Other Evidence – Jury Instructions – Fiduciary Duty

In re Will of Baitschora. (Lawyers Weekly No. 10-07-0921, 28 pp.) (Robert N. Hunter Jr., J.) Appealed from Durham County Superior Court. (James E. Hardin, J.) N.C. App. Holding: Even though caveator’s counsel did not ask any questions that required ...

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