Legal Opinion · Concurring in part, dissenting in part

In Re Will of Jones

Court of Appeals of North Carolina

Decided January 15, 2007No. COA07-4Published

1Concurring in part, dissenting in partStroud, Judge

I concur with the holding of the majority opinion as to the denial of propounder's motion to dismiss and agree that propounder, the named executor under the March will, was an aggrieved party with standing to appeal the trial court's order denying probate of the March will. I also concur with the majority opinion in its holding that summary judgment was properly granted for Ms. Jones on the issue of the testamentary capacity of Mr. Jones. However, I respectfully dissent as to the majority's holding regarding the grant of summary judgment to caveator, Jean Jones ("Ms.Jones"), against the…

2Cases cited12 opinions

  1. Caldwell v. DeeseSupreme Court of North Carolina · 1975
  2. Builders Mutual Insurance v. North Main Construction, Ltd.Supreme Court of North Carolina · 2006
  3. In Re the Purported Will of AndrewsSupreme Court of North Carolina · 1980
  4. Purvis v. Moses H. Cone Memorial Hospital Service Corp.Court of Appeals of North Carolina · 2006
  5. Griffin v. BaucomCourt of Appeals of North Carolina · 1985

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