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MATTER OF WILL OF LAMB

No. 801SC143.

268 S.E.2d 831 (1980)

In the Matter of the WILL of Louis Dempsey LAMB, Deceased.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Twiford, Trimpi, Thompson & Derrick by Russell E. Twiford, John G. Trimpi and O. C. Abbott by James A. Beales, Jr., Elizabeth City, for caveators.

White, Hall, Mullen, Brumsey & Small by Gerald F. White and John H. Hall, Jr., Elizabeth City, for defendants-propounders.

ROBERT M. MARTIN, Judge.

The issue raised by the first two assignments of error is whether a caveat may be entered to the recordation of the exemplification of a will and its probate in another state pursuant to G.S. 31-27. If so, the denial of propounders' motion to dismiss the caveat for lack of subject matter jurisdiction was proper. An appeal lies immediately from the refusal to dismiss a cause for want of jurisdiction. Kilby v. Dowdle,

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