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MATTER OF WILL OF LAMPARTER

No. 354A97.

497 S.E.2d 692 (1998)

348 N.C. 45

In the Matter of the Will of William Smith Lanyon LAMPARTER, Deceased.

Supreme Court of North Carolina.

April 3, 1998.

Attorney(s) appearing for the Case

Tate, Young, Morphis, Bach & Taylor, L.L.P. by Terry M. Taylor, Thomas C. Morphis and T. Dean Amos, Hickory; and Hunter, Wharton & Stroupe, L.L.P. by John V. Hunter, III, for caveator-appellees.

Maxwell, Freeman & Bowman, P.A. by James B. Maxwell, Durham, for respondent-appellants.

LAKE, Justice.

This appeal presents the single issue of whether beneficiaries under a holographic will may testify in a caveat proceeding as to oral communications between themselves and the decedent with regard to the testator's intent to make a new will or about specific bequests to be contained in a new will. The Court of Appeals majority concluded that Rule 601(c) of the North Carolina Rules of Evidence, the Dead Man...

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