Court of Appeals of North Carolina July 2, 1975, No. 754SC284 (In re the Will of Edgerton)

BRITT, Judge.

Caveator contends that by allowing the movants to amend their motions and then conducting a hearing in which oral testimony was allowed, the trial court converted the motions to dismiss into motions for summary judgment, and that the court erred in hearing the motions without providing caveator with sufficient notice or time to prepare for the hearing.