Matter of Will of Hester

MARTIN, Justice.

The sole issue for review in this case is whether the trial court abused its discretion in bifurcating the caveat proceeding below. We hold that bifurcation was within the bounds of the trial court’s discretion and therefore reverse the decision of the Court of Appeals.

The testator, retired Brigadier General Hugh B. Hester, died in the Buncombe County Veterans Administration Hospital on 25 November 1983 at the age of eighty-eight. Prostate cancer was listed as the primary cause of death, with senile dementia a significant contributing cause. Hester died a widower without issue…