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IN RE WILL OF BAITSCHORA

No. COA09-1141.

700 S.E.2d 50 (2010)

In the Matter of the WILL OF Leyla K. BAITSCHORA, Deceased. State of North Carolina, Durham County, Martin Totorgul, Plaintiff, v. Ismail Abayhan, individually and as Executor of the Estate of Leyla K. Baitschora, Zubayda Renate Abayhan, Ursula S. Abayhan, Chase Investment Services Corp., and Genworth Life and Annuity Insurance Company, Defendants.

Court of Appeals of North Carolina.

September 21, 2010.

Attorney(s) appearing for the Case

McPherson, Rocamora & Nicholson, P.L.L.C., by William V. McPherson, Jr. , Durham, for propounder-appellant.

Glenn, Mills, Fisher & Mahoney, P.A., by Carlos E. Mahoney , Durham, for caveator-appellee.

HUNTER, JR., ROBERT N., Judge.

This appeal concerns a caveat proceeding regarding the purported will of Leyla K. Baitschora ("decedent"). Ismail Abayhan ("propounder"),1 decedent's nephew, appeals a judgment and order from the trial court. The judgment set aside decedent's purported will after a jury determined that it was procured by undue influence. The order taxed decedent's estate with Martin Totorgul's ("caveator's") attorneys' fees...

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