In re the Will of Lamb

MARTIN (Robert M.), 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, 4 N.C. App. 450, 166 S.E. 2d 875 (1969).

The record in the present case indicates (1) apparent due probate of the will of Louis Dempsey Lamb in Virginia…