Moore v. . Moore

152 S.E. 391, 198 N.C. 510, 1930 N.C. LEXIS 392

• Court: Supreme Court of North Carolina
• Decided: March 19, 1930
• Status: Published

Opinion

Pee Cueiam.

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.

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.

Upon such state of the record the judgment is

Affirmed.