Legal Opinion
In Re the Last Will & Testament & First Codicil of Ashley
Court of Appeals of North Carolina
Decided October 2, 1974No. 7421SC710PublishedCited by 7 opinions
1Opinion of the Court
HEDRICK, Judge.
The caveators contend the trial court erred in dismissing them as parties to this proceeding.
G.S. 31-82 in pertinent part provides:
“§ 31-32. When and by whom caveat filed. — At the time of application for probate of any will, and the probate thereof in common form, or at any time within three years thereafter, any person entitled under such will, or interested in the estate, may appear in person or by attorney before the clerk of the superior court and enter a caveat to the probate of such will . ... ” (Emphasis added.)
As can be seen from this statute, the only persons with…
2Cases cited3 opinions
- In Re Will of ThompsonSupreme Court of North Carolina · 1919
- In Re the Will of BelvinSupreme Court of North Carolina · 1964
- In Re Will of BrockSupreme Court of North Carolina · 1948
3Cited by7 opinions
- In the Matter of Will of EdgertonCourt of Appeals of North Carolina · 1976
- In Re the Will of MasonCourt of Appeals of North Carolina · 2005
- Matter of Will of HesterCourt of Appeals of North Carolina · 1987
- In re the Est. of James Junior PhillipsCourt of Appeals of North Carolina · 2016
- Matter of Will of CalhounCourt of Appeals of North Carolina · 1980
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