IN RE WILL OF BUCK

No. 428PA98.

516 S.E.2d 858 (1999)

In the Matter of the WILL OF Calvin H. BUCK.

Supreme Court of North Carolina.

July 23, 1999.


Attorney(s) appearing for the Case

Baker, Jenkins, Jones & Daly, P.A., by Bruce L. Daughtry and Roger A. Askew, Rocky Mount, for propounder-appellees Mallory, Kenneth, and Ronald Gene Buck.

George B. Currin, Raleigh, Herbert T. Mullen, Jr., Elizabeth City, and H. Spencer Barrow, Raleigh, for caveator-appellant Sandra Buck Jordan.


MITCHELL, Chief Justice.

This appeal requires that we reconsider the standard to be used by an appellate court in reviewing the evidence before the trial court at the time of its ruling on a motion for a new trial under Rule 59(a)(7) of the North Carolina Rules of Civil Procedure for insufficiency of the evidence to justify the verdict of a jury. N.C.G.S. § 1A-1, Rule 59(a)(7) (1990). Specifically, we must determine whether the appellate courts must apply a different...

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