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.

Tagged with: Fiduciary Relationship trusts & estates undue influence Wills

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 ...

Tagged with: Durham County evidence trusts & estates undue influence Wills

In re Estate of Seagraves. (Lawyers Weekly No. 10-07-0792, 31 pp.) (Linda Stephens, J.) Appealed from Cabarrus County Superior Court (Paul C. Ridgeway & Michael E. Beale, JJ.) N.C. App. Holding: Where the defendant admitted that a fiduciary relationship existed ...

Tagged with: Cabarrus County Caveat trusts & estates undue influence

In re Will of Durham. Rule 11 of the N.C. Rules of Civil Procedure applies to a proceeding to remove the executor of an estate.

Tagged with: Caveat Civil Practice rule 11 undue influence Wills