IN RE WOOD'S WILL

No. 105.

81 S.E.2d 127 (1954)

240 N.C. 134

In re WOOD'S WILL.

Supreme Court of North Carolina.

April 14, 1954.


Attorney(s) appearing for the Case

Davenport & Davenport, Nashville, for respondents, appellants.

Charles P. Green, John F. Matthews, Louisburg, and Cooley & May, Nashville, for petitioner, appellee.


JOHNSON, Justice.

The respondents insist that, in the absence of a prior ruling by the Clerk of the Superior Court, `Judge Bone was without jurisdictional power to hear and determine their demurrer and motion. The contention is untenable. True, the Clerk had exclusive original jurisdiction of the proceeding; that is, nothing else appearing, it was within his sole province in the first instance to determine whether the decedent Wood died testate or intestate and, if...

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