In Re the Purported Will of Andrews

COPELAND, Justice.

The sole issue presented by this appeal is whether caveator presented a prima facie case that testator’s will was the product of undue influence in order to survive propounders’ motions for a directed verdict. The Court of Appeals held that caveator’s evidence of undue influence was insufficient to take the case to the jury. We reverse.

To constitute undue influence within the meaning of the law, there must be more than mere influence or persuasion because a person can be influenced to perform an act that is nevertheless his voluntary action. In re Will of Frank, 231 N.C.…