Legal Opinion

Matter of Will of Fields

Court of Appeals of North Carolina

Decided July 2, 1985No. 8415SC1309PublishedCited by 3 opinions

1Opinion of the Court

WELLS, Judge.

The decisive question brought forward on appeal is whether the court erred in denying propounder’s motions for directed verdict and for judgment notwithstanding the verdict. We apply the same evidentiary test to both motions. Summey v. Cauthen, 283 N.C. 640, 197 S.E. 2d 549 (1973). We consider the evidence in the light most favorable to the caveator, deeming her evidence to be true, resolving all conflicts in her favor, and giving her the benefit of every reasonable favorable inference. In re Andrews, 299 N.C. 52, 261 S.E. 2d 198 (1980). Even where there are contradictions and…

2Cases cited4 opinions

  1. Summey v. CauthenSupreme Court of North Carolina · 1973
  2. In Re the Purported Will of AndrewsSupreme Court of North Carolina · 1980
  3. In Re the Will of KempSupreme Court of North Carolina · 1951
  4. In Re the Will of HodginCourt of Appeals of North Carolina · 1971

3Cited by3 opinions

  1. Matter of Will of EverhartCourt of Appeals of North Carolina · 1988
  2. Matter of Will of DupreeCourt of Appeals of North Carolina · 1986
  3. In Re Will of McDonaldCourt of Appeals of North Carolina · 2003

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