IN RE KEMP'S WILL

No. 392.

67 S.E.2d 672 (1951)

234 N.C. 495

In re KEMP'S WILL.

Supreme Court of North Carolina.

November 21, 1951.


Attorney(s) appearing for the Case

Ottway Burton and Larry T. Hammond, Asheboro, for caveators, appellants.

H. R. Anderson and H. M. Robins, Asheboro, for propounder, appellee.


JOHNSON, Justice.

The trial court properly refused to submit the issue of undue influence. Here, the caveators contend it was shown by the evidence that the testatrix in making the will was unduly influenced by her brother David J. Kemp, who died 13 days before the will was made. It is not suggested that any one except David unduly influenced the testatrix. The caveators rest this exception solely on the theory of the posthumous continuation of undue influence allegedly...

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