IN RE WILL OF EDGERTON

No. 754SC284.

216 S.E.2d 476 (1975)

26 N.C. App. 471

In the Matter of the WILL of E. C. EDGERTON, Sr., Deceased.

Court of Appeals of North Carolina.

July 2, 1975.


Attorney(s) appearing for the Case

McLeod & McLeod by Max E. McLeod, Dunn, and W. A. Johnson, Lillington, for caveator-appellant.

Bryan, Jones, Johnson, Hunter & Greene by Robert C. Bryan, Dunn, and Haworth, Riggs, Kuhn & Haworth, High Point, for propounders-appellees.


BRITT, Judge.

Caveator contends that by allowing the movants to amend their motions and then conducting a hearing in which oral testimony was allowed, the trial court converted the motions to dismiss into motions for summary judgment, and that the court erred in hearing the motions without providing caveator with sufficient notice or time to prepare for the hearing. We think the contention has merit.

There is nothing in the record to show that when caveator...

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