Casstevens v. Wagoner

WELLS, Judge.

A single issue, which we raise ex mero motu, is dispositive of this appeal, namely, whether the trial court had subject matter jurisdiction over this action. We determine that it did not, and we therefore vacate the judgment entered.

It is well established that a caveat is a proceeding in rem to attack the validity of a will. In re Will of Brock, 229 N.C. 482, 50 S.E.2d 555 (1948); see also Wiggins, North Carolina Wills (2d ed.), § 124. The right to contest a will by caveat is conferred by statute, is in derogation of the ancient common law right to dispose of property by will at…