YOUNG v. WILLIAMS

No. 383.

116 S.E.2d 778 (1960)

253 N.C. 281

Isobel C. YOUNG, Individually and as Executrix of Baxter Clay Young, v. Charles E. WILLIAMS, Jr., Guardian ad litem of Baxter Craven Young, Minor; and Robert L. Grubb, Guardian ad litem of Mary Laraine Young, Minor.

Supreme Court of North Carolina.

November 2, 1960.


Attorney(s) appearing for the Case

Walser & Brinkley, Lexington, for plaintiff.

Robert L. Grubb, guardian of defendant Mary Laraine Young.

Charles E. Williams, Jr., Lexington, guardian of defendant Baxter Craven Young.


DENNY, Justice.

The question posed for determination is, where a testator makes a will, making his wife the sole beneficiary, and then subsequently has a child born, does a codicil executed by the testator subsequent to the birth of the child constitute a republication of his will?

The overwhelming weight of authority is that a duly executed codicil operates as a republication of the original will and makes it speak from the date of the execution of the codicil...

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