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WALTERS v. BAPTIST CHILDREN'S HOME OF N. C., INC.

No. 396.

111 S.E.2d 707 (1959)

251 N.C. 369

Mary Jane WALTERS, Executrix of the Estate of Lou W. Winstead, and Mary Jane Walters, Individually, v. BAPTIST CHILDREN'S HOME OF NORTH CAROLINA, INC., A. M. Burns, Jr., L. C. Bradsher and Frank Howard, Trustees of Roxboro Baptist Church; Ruth Stephens, Mary Allison Latham, Louise Barnette Penry, Mamie Love Barnette, Margaret Duncan, Gertrude Duncan and Exie Duncan.

Supreme Court of North Carolina.

December 16, 1959.

Attorney(s) appearing for the Case

Jesse A. Jones, Kinston, for defendant-appellant.

R. B. Dawes, Charles B. Wood, Roxboro, for plaintiff-appellee.

WINBORNE, Chief Justice.

Upon the Clerk of Superior Court the statutes of this State confer exclusive and original jurisdiction of proceedings for probate of wills. Brissie v. Craig, 232 N.C. 701, 62 S.E.2d 330, 332, citing statutes and cases. "By this" as stated by Ervin, J., writing in the Brissie case, "it is meant that the Clerk of the Superior Court has had sole power in the first instance to...

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