N.C.P.I.—Civil 850.20

The (state number) issue reads:

"Was the [execution] [delivery] of (identify deed) by (name grantor)

procured by duress?"1

On this issue the burden of proof is on the plaintiff. 2 This means

that the plaintiff must prove, by the greater weight of the evidence, that

the [execution] [delivery] of (identify deed) by (name grantor) was

procured by duress.

Duress occurs when a wrongful act, a threat or coercion is used to

force a grantor to [execute] [deliver] a deed against his will. (Duress

may exist even though the grantor is fully aware of the nature and

consequences of his act.) The existence of duress is for you to determine

from all the facts and circumstances in evidence. You may consider the

following:3

the grantor's:

[age]

[physical condition]

[mental condition]

[access to or opportunity to have independent advice]

[the fairness of the conveyance]

[the existence of independent consideration for the conveyance]

[the relationship between the grantor and [the defendant] [name

person allegedly exerting duress]]

[the value given up by the grantor in the transaction compared to

the grantor's total net worth]

[the degree to which [the defendant] [name person allegedly

exerting duress] sought or solicited the grantor to [execute] [deliver] the

deed]

[the degree to which the grantor was already susceptible to

pressure or coercion by reason of [personal distress] [family emergency]]

[state other situation supported by the evidence].

Finally, as to the (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the [execution] [delivery] of (identify deed) by (name grantor) was

procured by duress, then it would be your duty to answer this issue "Yes"

in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.