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IN RE WILL OF FARR

No. 6928SC385.

172 S.E.2d 78 (1970)

7 N.C. App. 250

In re WILL of William FARR.

Court of Appeals of North Carolina.

Certiorari Allowed April 8, 1970.

Attorney(s) appearing for the Case

Bennett, Kelly & Long, by George Ward Hendon, Asheville, for caveator-appellant.

Landon Roberts, Asheville, for executor.

Van Winkle, Buck, Wall, Starnes and Hyde, by O. E. Starnes, Jr., and Williams, Morris and Golding, by William C. Morris, Jr., Asheville, for propounders.

HEDRICK, Judge.

The appellant first assigns as error the court's refusal to instruct the jury as requested in writing as to the provisions of G.S. § 31-5.8 as follows:

"`No will or any part thereof, which shall be in any manner revoked, can be revived otherwise than by a reexecution thereof, or by the execution of another will in which the revoked will or part thereof is incorporated by reference.' "`Therefore, the court instructs you that...

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