In re the Purported Will of Andrews

VAUGHN, Judge.

The issue to be determined on this appeal is whether caveator presented sufficient evidence of undue influence exerted by Mrs. Andrews to withstand propounders’ motions for a directed verdict.

“[U]ndue influence which justifies setting aside the testator’s will is an influence which controls or coerces the mind of the testator so as to induce him to make a will which he would not have made otherwise. Influence is also spoken of as being undue when it destroys the testator’s free agency.” 1 N. Wiggins, Wills and Administration of Estates in North Carolina § 55 at 133 (1964).

The…