Taylor v. Abernethy

STEELMAN, Judge.

Defendant, Don A. Abemethy, appeals the trial court’s entry of judgment following a jury verdict, holding that Romer Gray Taylor (Romer) entered into a valid contract to convey his entire estate to his brother, plaintiff, Harvey C. Taylor, Jr. For the reasons discussed herein, we reverse and remand this matter for a new trial.

Romer was a lifelong resident of Burke County, North Carolina. Plaintiff was Romer’s older brother. Defendant was Romer and plaintiff’s nephew. Romer never married and had no children. Plaintiff moved to Pennsylvania after World War II and has continued…