Calhoun v. Calhoun

Plaintiff alleges that she was under sedation at the time she executed the agreement and did not understand what she was signing. Even if this were sufficient allegation of incompetency, it is admitted by her that she was represented by counsel. This is said in Van Every v. Van Every, 265 N.C. 506, 144 S.E. 2d 603 (1965), and approved in McLeod v. McLeod, 266 N.C. 144, 146 S.E. 2d 65 (1966):

“ ‘The presence of able counsel for the wife at the conference resulting in a separation agreement, and at the time she executes and acknowledges a deed of separation, “negatives the inference ■ or…