Supreme Court of North Carolina
In the Matter of the Will of John A. Jones, Jr.
December 12, 2008362 N.C. 569
Summary
The Supreme Court of North Carolina reversed a divided Court of Appeals decision affirming summary judgment that admitted the testator's September 2005 will to probate. Viewing the evidence in the light most favorable to the caveator of the later will, the court held that evidence of the terminally ill testator's physical and mental decline, his near-total dependence on his wife, her control over access to him, and her persistent efforts to change his estate plan created genuine issues of material fact on undue influence and devisavit vel non. The case was remanded for trial on those issues.