In re the Estate of Sturman

ORR, Judge.

I

The first consideration for this Court is whether the procedure for the revocation of the letters testamentary of an administratrix *475as set forth in G.S. 28A-9-1 is an “action” or “special proceeding.” See G.S. 1A-1, Rule 17 (1983). If the revocation matter is an “action” or “special proceeding” under G.S. 1A-1, Rule 17(b), then the Clerk had statutory authority to appoint the guardian ad litem.

Rule 17 provides for the appointment of a guardian ad litem “in actions or special proceedings” where a party is either a plaintiff or a defendant. See G.S. 1A-1, Rule 17(b)(1) and (b)(2).…