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MORRIS v. MORRIS

No. 524.

95 S.E.2d 110 (1956)

245 N.C. 30

Phyllis Lee MORRIS, Individually and as Administratrix with the Will Annexed of Richard Morris, v. Richard Lee MORRIS, an infant, and J. Harvey Luck, Guardian ad litem for the infant, Richard Lee Morris.

Supreme Court of North Carolina.

November 21, 1956.

Attorney(s) appearing for the Case

J. Harvey Luck, Asheboro, in pro. per., as guardian ad litem for Richard Lee Morris, appellant.

Archie L. Smith and Hammond & Walker, Asheboro, for appellee.

PARKER, Justice.

G.S. § 31-39 provides "No will shall be effectual to pass real or personal estate unless it shall have been duly proved and allowed in the probate court of the proper county * * *."

A will is wholly ineffectual as an instrument of title unless the will is probated and made a matter of record in accordance with the applicable statutes of our State. Osborne v. Leak, 89 N.C. 433; Poore v. Poore, 201 N.C. 791, 161 S.E. 532; Cartwright v....

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