STILWELL v. WALDEN

No. 8322SC1019.

320 S.E.2d 329 (1984)

R. Ron STILWELL, Administrator of the Estate of George Ervin Speigle v. Joycelyn C. WALDEN.

Court of Appeals of North Carolina.

October 2, 1984.


Attorney(s) appearing for the Case

Baumberger & Bell by Michael P. Baumberger, Lenoir, for plaintiff-appellant.

Homesley, Jones, Gaines & Fields by Edmund L. Gaines, Statesville, for defendant-appellee.


PHILLIPS, Judge.

At trial plaintiff undertook to prove the three grounds alleged in the complaint for invalidating the transfer of his intestate's property to the defendant—constructive fraud, undue influence, and mental incapacity. The evidence presented was clearly sufficient, in our opinion, to establish the constructive fraud claim; and though it was not sufficient to establish the undue influence and mental incapacity claims, the new trial required should...

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