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BRITT v. UPCHURCH

No. 551PA89.

396 S.E.2d 318 (1990)

327 N.C. 454

Blanche Louise Hartman BRITT v. Yvonne G. UPCHURCH.

Supreme Court of North Carolina.

Decided October 3, 1990.

Attorney(s) appearing for the Case

Nichols, Miller & Sigmon, P.A. by R. Bradley Miller, Raleigh, for plaintiff-appellee.

Merriman, Nicholls & Crampton, P.A. by William W. Merriman, III, and Elizabeth Anania, Raleigh, for defendant-appellant.

FRYE, Justice.

The issues presented in this appeal are whether the Court of Appeals erred (1) in holding that the affidavit of the attorney who drafted the testator's will was admissible at trial to show the testator's intent; and (2) in reversing the trial court's grant of summary judgment for plaintiff. We conclude that the trial court was correct in refusing to consider the affidavit and in granting summary judgment...

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