We find this unpersuasive. This litigation has been going on for four years. Plaintiffs previously appealed to this Court from a grant of defendants' motion for a directed verdict at the conclusion of a first trial. In an unpublished opinion filed 16 June 1998, we held that the directed verdict motion had been improperly granted. Plaintiffs would surely have known that a second trial was then imminent.
Changed conditions are indeed a significant factor in considering a motion to continue.
Accordingly, we conclude that the trial judge committed no abuse of discretion in denying plaintiffs' motion for a continuance. No prejudicial error. Judge WYNN dissents in part. We all agree that the admission into evidence of the copy of Mrs. Tucker's 1961 unprobated will was error. Agreeably, the will was irrelevant to the issue of Mrs. Tucker's intent in 1972, and it defied the common law by being used in an attempt to affect title to the property.