In re Snipes

WELLS, Judge.

In her appeal from Judge Smith’s judgment of 12 February 1979, executrix assigned as error the failure of the trial court to allow her motion for relief from judgment and for the trial court’s rendering its judgment without hearing a witness who had been duly served with a subpoena.

In her Rule 60(b) motion, executrix asserted as grounds for relief lack of jurisdiction of the Clerk and irregularities preventing a full and fair hearing.

The first question presented in this appeal is whether the Clerk of Superior Court has exclusive original jurisdiction to determine the validity of…