Gustafson v. Bowling

In my opinion a proper disposition has not been made of this appeal. Hereafter in referring to the probate code I shall refer only to the chapter and section thereunder as the same appears in G. S. 1943 Supplement.

I am in agreement with paragraphs 1 and 3 of the syllabus, as well as all but the last clause of paragraph 2, which I think is inaccurate. Where a purported will is offered for probate in the probate court any proper person in interest may defend, and if his defense is sustained there is no probate. There is no “will contest.” I believe that paragraphs 5 and 6 of the syllabus are…