Dyer v. State

WEBB, Justice.

This case is governed by N.C.G.S. § 6-21 which provides in part as follows:

Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court:(2) Caveats to wills and any action or proceeding which may require the construction of any will or trust agreement, or fix the rights and duties of parties thereunder; .provided, that in any caveat proceeding under this subdivision, the court shall allow attorneys’ fees for the attorneys of the caveators only if it finds that the proceeding has substantial merit.

The word…