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MATTER OF WILL OF HESTER

No. 8628SC531.

353 S.E.2d 643 (1987)

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

Court of Appeals of North Carolina.

March 17, 1987.

Attorney(s) appearing for the Case

Roberts Stevens & Cogburn, P.A. by Landon Roberts and Glenn S. Gentry, Asheville, for propounder appellants.

Boyce, Mitchell, Burns & Smith, P.A. by Susan K. Burkhart, Raleigh, for caveator appellee Meredith College.

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

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

JOHNSON, Judge.

The threshold issue in this case is whether the bifurcated proceeding, whereby the jury decided the validity of the 1983 will separately from its determination of the validity of the 1981 and 1982 wills, is in fact two proceedings and therefore void and erroneous under the authority of In re Will of Charles, 263 N.C. 411, 139 S.E.2d 588 (1965).

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