In re Will of Charles

In In re Will of Charles, 263 N.C. 411, 139 S.E.2d 588 (1965), three scripts purported to be the decedent's last will and testament. The first script was admitted to probate in common form, and the beneficiary under the second script filed a caveat. In response to the notice of the caveat, the beneficiary under a third script sought to intervene in order to have that script considered during the caveat proceeding. The trial court denied the motion to intervene. The Supreme Court reversed, holding that it was improper to deny intervention since "in a caveat proceeding any interested person may present to the court any script which is material to the issue whether there is a will, and if so, what is it? . . . Any other script purporting to be the decedent's will should be offered and its validity determined in the caveat proceeding." Id. at 415-16, 139 S.E.2d at 591-92