MATTER OF WILL OF GARDNER

No. 8526SC384.

339 S.E.2d 455 (1986)

In the Matter of the WILL OF Homer Clifton GARDNER.

Court of Appeals of North Carolina.

February 18, 1986.


Attorney(s) appearing for the Case

Leonard, Shannonhouse, McNeely, MacMillan & Durham by Thomas J. Hefferon, and Haynes, Baucom, Chandler, Claytor & Benton by Rex C. Morgan, Charlotte, for caveator-appellants.

Sanders & London by Alvin A. London, Charlotte, for propounder-appellees.


PHILLIPS, Judge.

The caveators' first contention, that the trial judge erred in refusing to submit the undue influence issue to the jury, has no merit and we overrule it. The evidence stated above, when viewed in the light most favorable to the caveators, tends to show only that Mr. Gardner's health was failing and that Mrs. Gardner had the opportunity to influence him in the making of his will. It does not tend to show that she ever influenced him, unduly or otherwise...

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