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IN RE WILL OF SMITH

No. COA02-607.

583 S.E.2d 615 (2003)

In the Matter of the WILL OF Louella Overton SMITH.

Court of Appeals of North Carolina.

August 5, 2003.

Attorney(s) appearing for the Case

Newsom, Graham, Hedrick & Kennon, P.A., by Josiah S. Murray, III and John C. Rogers, III, Durham, for caveators-appellees.

Glenn, Mills & Fisher, P.A., by Robert B. Glenn, Jr. and Carlos E. Mahoney, Durham, for propounders-appellants.

McGEE, Judge.

This case arises out of a will caveat to the last will and testament of Louella Overton Smith (testatrix). Testatrix's husband died in 1978 and testatrix suffered a heart attack in February 1997.

Ronald Coulter (Coulter), an attorney, prepared several instruments dated 11 September 1998, which testatrix executed. Testatrix executed: (1) a will (September 1998 will); (2) a power of attorney appointing her daughter, Betty Poole, as attorney-in...

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