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IN RE CHARLES' WILL

Nos. 400, 401.

139 S.E.2d 588 (1965)

263 N.C. 411

In the Matter of the WILL of Faith N. CHARLES.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Ralph E. Goodale, Hinton G. Hudson, Jr., Winston-Salem, for appellant First Union Nat. Bank, guardian of Terry Douglas Charles.

Elledge & Mast, by David P. Mast, Jr., Winston-Salem, for appellee Elizabeth T. Long.

HIGGINS, Justice.

The attorneys and judges in two separate proceedings have attempted to determine which of three scripts, or what combination of them, is the last will of Faith N. Charles. The Clerk of Superior Court as ex officio Judge of Probate has jurisdiction to take proof of wills and issue letters testamentary or of administration thereon. As Judge of Probate he has the sole power in the first instance to determine whether a decedent died testate or...

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