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198 N.C. 510

152 S.E 391

Moore v. . Moore

Supreme Court of North Carolina

Decided March 19, 1930

Supreme Court of North Carolina · decided 1930-03-19

Cited by 2 later decisions — most recently March 1958

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1930-03-19

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*511 Pee Cueiam.

¶1 C. S., 4134, provides that subsequent marriage, with certain exceptions, revokes all prior wills made by a testator. Means v. Ury, 141 N. C., 248, 53 S. E., 850; In re Bradford, 183 N. C., 4, 110 S. E., 586.

¶2 The probate of a will in common form is binding and conclusive until set aside by a direct proceeding. Mills v. Mills, 195 N. C., 595, 143 S. E., 130; In re Will of Cooper, 196 N. C., 418, 145 S. E., 782. However, the present proceeding was treated by the parties as an action to remove the probate as a cloud upon title, and hence no point was made that the proceeding constituted a collateral attack upon the will.

¶3 Upon such state of the record the judgment is

¶4 Affirmed.

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