In re the Will of Honeycutt

The caveator assigns as error several portions of the charge in which the trial judge inadvertently referred to “the will” and “the codicil” of the decedent. Since the trial judge instructed the jurors in most emphatic language in other parts of the charge that they were “the sole judges of the facts” and that they were not to consider anything the court may have said or done during the progress of the proceeding as the expression of any opinion on the facts, we are satisfied “that these trivial lapses of the judicial tongue did no injury to the caveator.” In re Will of Kemp, 236 N.C. 680, 73…