In Re Will of Bartlett

"When a caveat to the probate of a paper writing propounded as the last will and testament of a deceased person is filed with the clerk of the Superior Court having jurisdiction in conformity with the provisions of the statute now codified as G.S. 31-32, and the resultant proceeding is transferred by such clerk to the trial docket of the Superior Court for trial of the issues of fact raised by the caveat at term in conformity to the requirements of the statute now embodied in G.S. 31-33, the issues of fact must be tried by a jury. Brissie v. Craig, 232 N.C. 701, 62 S.E. 2d 330; In re Will of…