Bailey v. Sawyer

This court's opinion of September 14, 2007, is withdrawn, and the following is substituted therefor.

Kimberly Bailey and Sherrill Pearson filed a complaint against Charles Sawyer ("Charles"), contesting Mary Frances Sawyer's will and two deeds that she executed on May 6, 2002. Based on a jury verdict, the trial court entered a judgment in favor of Charles. Bailey and Pearson appeal, assigning as error the trial court's denial of their motion for a new trial and the trial court's failure to give their requested jury instruction. Charles cross-appeals, challenging the trial court's denial of his…