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IN RE WILL OF JONES

No. 37A08.

669 S.E.2d 572 (2008)

In the Matter of the WILL OF John A. JONES, Jr.

Supreme Court of North Carolina.

December 12, 2008.

Attorney(s) appearing for the Case

Brady, Nordgren, Morton & Malone, P.L.L.C., by Travis K. Morton and Jason L. Hendren, Raleigh, for propounder-appellant Joseph B. McLeod.

Smith Debnam Narron Drake Saintsing & Myers, L.L.P., by John W. Narron, Bettie Kelley Sousa, and Alicia Jurney Whitlock, Raleigh, for caveator-appellee Jean L. Jones.

HUDSON, Justice.

This case involves a dispute over a will executed on 1 September 2005 by testator John "Buck" Jones, Jr. and whether that will was the product of undue influence exerted upon Mr. Jones by his wife of forty-seven years, Jean L. Jones. Because we believe genuine issues of material fact remain as to the question of undue influence, we reverse the Court of Appeals, which, in a divided opinion, affirmed the trial court's grant of summary judgment to Mrs...

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