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IN RE WILL OF McDONALD

No. COA02-472.

577 S.E.2d 131 (2003)

In the Matter of the WILL OF Mary O. McDONALD, Deceased.

Court of Appeals of North Carolina.

March 4, 2003.

Attorney(s) appearing for the Case

Katherine E. Jean, Raleigh, for propounder-appellant.

West & Smith, LLP, by Stanley W. West, Southern Pines, for caveator-appellee.

MARTIN, Judge.

Mary O. "Quill" McDonald died 23 February 1999. On 17 March 1999, Vickie S. Calcutt presented for probate a paper writing purporting to be McDonald's Last Will and Testament. The paper writing named Calcutt as primary beneficiary. On 9 August 2000, McDonald's son, James C. McDonald, filed a caveat to the will, alleging the execution of the will was obtained through duress and undue influence.

The evidence tended to show that McDonald had two...

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