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MATTER OF WILL OF MAYNARD

No. 8210SC839.

307 S.E.2d 416 (1983)

In the Matter of the WILL OF Edna Earl MAYNARD, deceased.

Court of Appeals of North Carolina.

October 4, 1983.

Attorney(s) appearing for the Case

Hatch, Little, Bunn, Jones, Few & Berry by David H. Permar, Raleigh, for propounder appellant Harold Berry.

David R. Cockman, Raleigh, for propounder appellants Mildred M. Dawson, Edna M. Grubbs, and Walter Troy Maynard.

Ransdell, Ransdell & Cline by William G. Ransdell, Jr. and James E. Cline, Raleigh, for caveator appellee Ruby Maynard.

Parker, Sink, Powers, Sink & Potter by Henry H. Sink, Raleigh, for caveator appellee Raymond Maynard.

JOHNSON, Judge.

The issues to be decided by this appeal are (1) whether the court erred in denying the motion to set aside the verdict and for a new trial on the grounds that (a) the prior adjudication of Mrs. Maynard's incompetency raised a conclusive presumption that the testatrix lacked testamentary capacity on 13 November 1979, (b) that the evidence showed the testatrix to be laboring under an insane delusion, and (c) because the propounders were unfairly surprised...

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