IN RE WILL OF MITCHELL

No. 738SC454.

198 S.E.2d 233 (1973)

19 N.C. App. 236

In re Probate of WILL of Levi E. (L. E.) MITCHELL.

Court of Appeals of North Carolina.

Certiorari Allowed November 1, 1973.


Attorney(s) appearing for the Case

Herbert B. Hulse, Roland C. Braswell, Goldsboro, for contestant appellant.

Taylor, Allen, Warren & Kerr by John H. Kerr, III, Goldsboro, for applicant appellees.


Certiorari Allowed by Supreme Court November 1, 1973.

MORRIS, Judge.

The sole issue for our determination is whether the will executed by Levi Mitchell (then unmarried) was revoked by his subsequent marriage at a time when G.S. § 31-5.3 (providing for revocation of a will by a subsequent marriage) was effective although the statute was amended prior to his death to provide that a will is not revoked by a subsequent marriage of the maker.

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