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IN RE WILL OF MITCHELL

No. 47.

203 S.E.2d 48 (1974)

285 N.C. 77

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

Supreme Court of North Carolina.

March 13, 1974.

Attorney(s) appearing for the Case

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

Braswell, Strickland & Rouse by Roland C. Braswell and Herbert B. Hulse, Goldsboro, for protestant-appellee.

SHARP, Justice:

Between 9 January 1845 and 1 October 1967 it was the law in North Carolina (with two exceptions not applicable to this case) that upon the marriage of any person his or her will was revoked. Sawyer v. Sawyer, 52 N.C. 134 (1859); 1 Wiggins, Wills and Administration of Estates in North Carolina § 100 (1964). This law, enacted as N.C.Sess. Laws, Ch. 88, § 10 (1844-45), was codified as G.S. § 31-5.3 (Vol. 2A, 1966 Replacement) at the time...

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