Court of Appeals of North Carolina June 2, 1981, No. 8022SC1076 (In re North Carolina National Bank)

MARTIN (Harry C-), Judge.

The sole question on this appeal is whether the court properly required petitioner to pay respondent’s counsel fees as a part *355of the costs of this proceeding. This is a special proceeding, commenced before the clerk of superior court pursuant to Article 5 of Chapter 35 of the General Statutes of North Carolina. See Patrick v. Trust Co., 216 N.C. 525, 5 S.E.