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MATTER OF WILL OF HESTER

No. 184A87.

360 S.E.2d 801 (1987)

320 N.C. 738

In the Matter of the WILL OF Hugh B. HESTER, Deceased.

Supreme Court of North Carolina.

October 7, 1987.

Attorney(s) appearing for the Case

Roberts Stevens & Cogburn, P.A. by Landon Roberts and Glenn S. Gentry, Asheville, for propounders, and Bruce Elmore, Jr., Guardian Ad Litem, appellees.

Womble, Carlyle, Sandridge & Rice by G. Eugene Boyce, Raleigh, for caveator Meredith College.

Patla, Straus, Robinson & Moore, P.A. by Richard S. Daniels, Asheville, for caveators Mars Hill College and Eleanor Pittenger, appellants.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Susan K. Burkhart, Raleigh, for caveator Meredith College, appellant.

Lacy H. Thornburg, Atty. Gen. by Charles J. Murray, Sp. Deputy Atty. Gen., Raleigh, for caveator The University of North Carolina at Greensboro, appellant.

MARTIN, Justice.

The sole issue for review in this case is whether the trial court abused its discretion in bifurcating the caveat proceeding below. We hold that bifurcation was within the bounds of the trial court's discretion and therefore reverse the decision of the Court of Appeals.

The testator, retired Brigadier General Hugh B. Hester, died in the Buncombe County Veterans Administration Hospital on 25 November 1983 at the age of eighty-eight. Prostate...

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