State of North Carolina Durham County Martin Totorgul v. Abayhan

HUNTER, JR., Robert N., Judge.

This appeal concerns a caveat proceeding regarding the purported will of Leyla K. Baitschora (“decedent”). Ismail Abayhan (“propounder”),1 decedent’s nephew, appeals a judgment and order from the trial court. The judgment set aside decedent’s purported will after a jury determined that it was procured by undue influence. The order taxed decedent’s estate with Martin Totorgul’s (“caveator’s”) attorneys’ fees and costs.

Propounder argues on appeal that the trial court erred by: (1) excluding oral communications between decedent and propounder; (2) charging the jury…