IN THE MATTER OF BARNES

No. COA01-1437.

579 S.E.2d 585 (2003)

In the Matter of the Purported Last Will and Testament of Francis M. BARNES, Dated November 22, 1989 and In the Matter of the Purported Last Will and Testament of Francis M. Barnes, Dated May 25, 1967.

Court of Appeals of North Carolina.

April 15, 2003.


Attorney(s) appearing for the Case

Bass, Bryant & Fanney, by John Walter Bryant, Raleigh, and Batts, Batts, & Bell, LLP, by Jeffrey A. Batts, Joseph L. Bell, Jr., and Wendy P. Wilson, Rocky Mount, for Propounders of 1989 Will of Estate of Francis M. Barnes, appellant-appellee.

Poyner & Spruill, LLP, by Nancy Bentson Essex and Gregory S. Camp, Rocky Mount, for Church of the Advent (aligned Propounder of 1989 Will of Estate of Francis M. Barnes), appellant-appellee.

The Blount Law Firm, PLLC, by Marvin K. Blount, Jr., Ted E. Mackall, Stephen J. Batten, Greenville, for Caveators to 1989 Will of Francis M. Barnes/Beneficiaries of 1967 Will of Francis M. Barnes, appellee-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Charles J. Murray, for the State of North Carolina, appellee-appellant.

Gaylord, McNally, Strickland, Snyder, & Holscher, LLP, by Danny D. McNally, Emma S. Holscher, and Browning & Hill, LLP, by Myron T. Hill, Jr., Greenville, and Emmanuel & Dunn, by Stephen A. Dunn, Raleigh, and Dunn & Dunn, by Raymond E. Dunn, New Bern, for Heirs-at-law to Estate of Francis M. Barnes, appellees.


WYNN, Judge.

This appeal arises from a jury determination that two wills purportedly executed by Francis M. Barnes were invalid, thus resulting in a determination that Mr. Barnes died intestate leaving his estate valued at over $24 million to his heirs-at-law. Following the presentation of a will executed by Francis M. Barnes in 1989 ("the 1989 Will")1 and issuance of testamentary letters by...

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