No. 6920SC164.

167 S.E.2d 869 (1969)

5 N.C. App. 224

In the Matter of the Last WILL and Testament of O. R. BAKER, Deceased.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

John Randolph Ingram, Asheboro, for propounder appellant.

Barrett & Wilson, by W. Clement Barrett, Carthage, for caveator appellee.


At the conclusion of his charge to the jury, the presiding judge inquired if there was anything further, whereupon counsel for the propounder requested a further instruction as follows:

"`Members of the jury, if you should find that O. R. Baker did in fact burn his will, which the propounder contends he did not, but that he did so because of the undue influence of his ex-wife, Mrs. Oakley, or one or more of his children, then you would answer...

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