§ 31-33. Bond given and cause transferred to trial docket. - North Carolina Statutes

§31‑33.  Bond given and cause transferred to trial docket.

When a caveator shall havegiven bond with surety approved by the clerk, in the sum of two hundred dollars($200.00), payable to the propounder of the will, conditioned upon the paymentof all costs  which shall be adjudged against such caveator in the superiorcourt or when a caveator shall have deposited money or given a mortgage in lieuof such bond, or shall have filed affidavits and satisfied the clerk of hisinability to give such bond or otherwise secure such costs, the clerk shalltransfer the cause to the superior court for trial. Such caveator shall causenotice of the caveat proceeding to be given to all devisees, legatees, or otherpersons in interest in the manner provided for service of process by G.S. 1A‑1,Rule 4(j) and (k). The notice shall advise such devisees, legatees, or otherpersons in interest, of the session of superior court to which the proceedinghas been transferred and shall call upon them to appear and make themselves properparties to the proceeding if they so choose. At the session of court to whichsuch proceeding is transferred, or as soon thereafter as motion to that effectshall be made by the propounder, and before trial, the judge shall require anyof the devisees, legatees or other persons in interest so cited, either thosewho make themselves parties with the caveators or whose interests appear to himantagonistic to that of the propounders of the will, to align themselves and tofile bond within such time as he shall direct and before trial. Upon thefailure of any party to file such bond, the judge shall dismiss that party fromthe proceeding but that party shall be bound by the proceeding. (C.C.P.,s. 447; Code, s. 2159; 1899, c. 13; 1901, c. 748; Rev., s. 3136; 1909, c. 74;C.S., s. 4159; 1947, c. 781; 1971, c. 528, s. 29; 1973, c. 458.)