In Re the Will of Neal

The order of the Superior Court must be vacated for two reasons: First, the correctness of the clerk’s action in refusing to probate Exhibits “B,” “0” and “D” was not before the court, as the propounders had either abandoned their appeal or were not pressing it; and, second, no one is now propounding any of the three paper writings marked Exhibits “B,” “0” and “D” as the last will and testament of the deceased.

Nor are the caveators asking that they be probated as "wills.” In re Will of Westfeldt, 188 N. C., 702, 125 S. E., 531. In the caveat it is alleged that each of said paper writings is…