In Re the Last Will & Testament of Wood

The respondents insist that, in the absence of a prior ruling by the Clerk of the Superior Court, Judge Bone was without jurisdictional power to hear and determine their demurrer and motion. The contention is untenable. True, the Clerk had exclusive original jurisdiction of the proceeding; that is, nothing else appearing, it was within his sole province in the first instance to determine whether the decedent Wood died testate or intestate and, if he died testate, whether the script in dispute is his will. Brissie v. Craig, 232 N.C. 701, 62 S.E. 2d 330; G.S. 2-16 (14), 28-1, and 31-12 to…