In re North Carolina National Bank

MARTIN (Harry C-), Judge.

The sole question on this appeal is whether the court properly required petitioner to pay respondent’s counsel fees as a part *355of the costs of this proceeding. This is a special proceeding, commenced before the clerk of superior court pursuant to Article 5 of Chapter 35 of the General Statutes of North Carolina. See Patrick v. Trust Co., 216 N.C. 525, 5 S.E. 2d 724 (1939); 1 McIntosh, N.C. Practice and Procedure § 240, n. 21 (2d ed. 1956). Matters involving the estate of a ward are resolved by special proceedings before the clerk of superior court. See N.C. Gen. Stat.…