IN RE COX' WILL

No. 607.

118 S.E.2d 17 (1961)

254 N.C. 90

In the Matter of the WILL of Sara B. COX. Deceased.

Supreme Court of North Carolina.

February 3, 1961.


Attorney(s) appearing for the Case

Proctor & Proctor, Powell & Powell, D. Jack Hooks, Whiteville, D. F. McGougan, Jr., Tabor City, for propounder-appellees.

J. B. Eure, Whiteville, Wilkinson & Ward, Rodman & Rodman, Washington, Jordan, Wright, Henson & Nichols, William D. Caffrey, Greensboro, for caveator-appellants.


DENNY, Justice.

A caveat is an in rem proceeding. G.S. § 31-32. It is an attack upon the validity of the instrument purporting to be a will. The will and not the property devised is the res involved in the litigation. Whitehurst v. Abbott, 225 N.C. 1, 33 S.E.2d 129, 159 A.L.R. 380.

In Mills v. Mills, 195 N.C. 595, 143 S.E. 130, 132, the will involved was probated in common form and thereafter caveated and the issue of devisavit vel non...

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