Dulin v. . Dulin

In Harper v. Harper, 148 N. C., 453, 458, the Court said this: “We note that this proceeding, brought to term, includes both the issue of devisavit vel non and proceedings for the construction of the will. This is certainly unusual, but all the parties are before us, and ask that the whole matter be determined in this action. It is not a question of jurisdiction (which we would be compelled to notice ex mero motu), for the clerk is part of the Superior Court. No exception is taken, and the whole matter, under the consent and request of parties, is disposed of.” The parties to the present suit…