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IN RE WILL OF McFAYDEN

No. COA04-1585.

632 S.E.2d 520 (2006)

In the Matter of the WILL OF Hector Cornelius McFAYDEN.

Court of Appeals of North Carolina.

August 1, 2006.

Attorney(s) appearing for the Case

Anderson, Johnson, Lawrence, Butler & Bock, L.L.P., by Steven C. Lawrence, Fayetteville, for Caveators-appellants.

McCoy, Weaver, Wiggins & Cleveland, PLLC, by Jim Wade Goodman, Fayetteville, for Intervenors-appellees.

Ward and Smith, P.A., by George K. Freeman, Jr. and Alexander C. Dale, Wilmington, for Propounder-appellee.

JACKSON, Judge.

Simon A. Burney and his wife, Mary J. Burney ("caveators"), appeal from the trial court's judgments entered 28 May 2004 that ordered trifurcation of the jury trial of the caveat proceeding and granted directed verdict in favor of Mickey Jackson ("propounder").

On 8 August 2003, Hector Cornelius McFayden ("testator") died of natural causes at the age of seventy-six. Caveators are testator's neighbors...

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