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IN RE WINBORNE'S WILL

No. 20.

57 S.E.2d 795 (1950)

231 N.C. 463

In re WINBORNE'S WILL.

Supreme Court of North Carolina.

March 1, 1950.

Attorney(s) appearing for the Case

J. A. Pritchett, Windsor, and J. N. Pruden, Edenton, for caveator appellees.

J. C. B. Ehringhaus, Jr., Raleigh, for propounder appellants.

BARNHILL, Justice.

The caveators insist that the check deposited by them comes within the phrase "or otherwise secure such costs" as used in the statute. This contention is not tenable. The phrase is but a part of a clause which gives it an entirely different meaning—"When a caveator shall have given bond * * * or * * * deposited money or given a mortgage in lieu of such bond, or shall have filed affidavits and satisfied the clerk of his inability to give...

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