In re the Estate of Trull

HEDRICK, Chief Judge.

The determinative question raised on this appeal is whether the judge of the superior court erred in denying respondent’s motion to dismiss the appeal from the order of the clerk denying petitioner’s motion to have respondent removed as executor of Dora Trull’s estate. If the judge of the superior court erred in denying the motion to dismiss the appeal from the clerk, he had no *363authority to enter the order removing the executor, and such order must be vacated.

Appeals from the clerk to the judge of superior court in probate matters are controlled by G.S. 1-272, which, in…