IN RE TENNER'S WILL

No. 252.

102 S.E.2d 391 (1958)

248 N.C. 72

In the Matter of the WILL of Lukie L. TENNER, Deceased.

Supreme Court of North Carolina.

March 19, 1958.


Attorney(s) appearing for the Case

Weinstein & Muilenburg, Charlotte, for propounders, appellants.

Ralph V. Kidd, Charlotte, and Archibald C. Rufty, Salisbury, for caveator, appellee.


PER CURIAM.

G.S. § 31-5.3 provides that "a will is revoked by the subsequent marriage of the maker, except as follows * * *." The two exceptions set forth in the statute do not apply in the instant proceeding.

The contention of the propounders is that when a man marries a woman subsequent to making his will, that G.S. § 31-5.3 does not revoke the will in its entirety, but revokes it only to the extent necessary to permit the wife to share in his...

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