In Re Will of Brown

The conflict in the charge on a material issue entitles the propounder to a new trial. It is well settled that where there are conflicting instructions witb respect to a material matter, a new trial must be granted, as tbe jurors are not supposed to know wbicb one of tbe two states tbe law correctly, and we cannot say tbey did not follow tbe erroneous instruction. S. v. Falkner, 182 N. C., 793, 108 S. E., 756; Edwards v. R. R., 132 N. C., 99, 43 S. E., 585.

Again, it bas been tbe law of tbis jurisdiction, since tbe decision in Mayo v. Jones, 78 N. C., 402, that, upon tbe trial of an issue of…