Matter of Will of Hester

JOHNSON, Judge.

The threshold issue in this case is whether the bifurcated proceeding, whereby the jury decided the validity of the 1983 will separately from its determination of the validity of the 1981 and 1982 wills, is in fact two proceedings and therefore void and erroneous under the authority of In re Will of Charles, 263 N.C. 411, 139 S.E. 2d 588 (1965).

Propounders also raise two related issues, to wit: whether the court erred in failing to sign a written judgment after the 1 October 1985 verdict determined the invalidity of the 1983 will; and whether the court erred by ordering the…