In Re Will of Charles

The attorneys and judges in two separate proceedings have attempted to determine which of three scripts, or what combination of them, is the last will of Faith N. Charles. The Clerk of Superior Court as ex officio Judge of Probate has jurisdiction to take proof of wills and issue letters testamentary or of administration thereon. As Judge of Probate he has the sole power in the first instance to determine whether a decedent died testate or intestate and whether a script offered for probate is his will. Walters v. Children’s Home, 251 N.C. 369, 111 S.E. 2d 707; Brissie v. Craig, 232 N.C. 701,…