IN RE WILL OF GOODSON

No. 6910SC12.

166 S.E.2d 447 (1969)

4 N.C. App. 257

In the Matter of the WILL of Alice B. GOODSON, Deceased.

Court of Appeals of North Carolina.

April 2, 1969.


Attorney(s) appearing for the Case

Yarborough, Blanchard, Tucker & Yarborough, by Irvin B. Tucker, Jr., Raleigh, for caveator appellants.

Douglass & Douglass, by Clyde A. Douglass, II, Raleigh, for propounder appellee.


BRITT, Judge.

The first question presented is whether the lower court erred in failing to charge the jury on the presumption of fraud arising from dealings within a fiduciary relationship. The caveators contend that Mrs. Partin was the general agent of the decedent, that the decedent relied upon Mrs. Partin to handle all her business affairs, and that, therefore, the burden was upon the propounder to show that the transaction was open, fair and honest.

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