In In re Will of Burton, 267 N.C. 729, 734, 148 S.E.2d 862, 866 (1966), a script was probated in common form as the last will of the deceased, and a caveat to that script was filed. However, another script in the handwriting of the deceased was subsequently discovered which purported to devise the deceased's property to three beneficiaries who were not parties to the caveat proceeding. The issue of devisavit vel non was answered by a jury in favor of the propounders, and the writing was probated in solemn form as the last will and testament of the deceased. One of the beneficiaries of the newly discovered will filed a motion to set aside the verdict and judgment, and to intervene in the original caveat proceeding. After a hearing, the trial court vacated the verdict and judgment entered with respect to the originally probated will, and ordered the caveat transferred to the civil issue docket for trial. Our Supreme Court affirmed the trial court's order because the beneficiary had no notice of the existence of the alleged subsequent will under which he might claim any rights in the estate, had no interest in the prior caveat proceeding, and moved with reasonable diligence following notice of the existence of the subsequent will in filing his motions.