In Re the Will of Cassada

The probate of a will is a proceeding in rem, and there are in a strict sense no parties to an issue of devisavit vel non. In re Lomax, 226 N. C., 498, 39 S. E. (2d), 388. But the courts put pro-pounders and caveators in the category of parties for the purpose of ruling upon the admissibility of their admissions and declarations in will contests. See Page on Wills (Lifetime Ed.), Vol. 2, sections 801, 802, 803.

The exception of the caveators to the introduction of the declaration of Dewey Cassada presents this question for determination: "Where several heirs at law and next of kin caveat an…