In Re the Will of Crawford

Upon the trial the propounder, over objection, offered in evidence the probate proceeding before the clerk, including the will. There is no question but that the probate of a will in common form before the clerk is inadmissible as evidence on an issue of devisavit vel non raised by a caveat. In re Will of Etheridge, 231 N.C. 502, 57 S.E. 2d 768; Wells v. Odum, 205 N.C. 110, 170 S.E. 145. Probate in common form is ex parte. Caveators are not before the court and hence not bound by the proceeding. In re Will of Chisman, 175 N.C. 420, 95 S.E. 769. “It is well settled that the probate of a will…