Means v. Ury
| Decision Date | 01 May 1906 |
| Citation | 53 S.E. 850,141 N.C. 248 |
| Parties | MEANS v. URY. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Cabarrus County; Justice, Judge.
Proceedings for the probate of will of Cameline Means. From a judgment in favor of Lafayette Ury, caveator, the propounder, Edward Means, appeals. Affirmed.
Adams, Armfield, Jerome & Maness, for appellant.
L. T. Hartsell and M. B. Stickley, for appellee.
Cameline Means, while the wife of Ephriam Means, made her will, and some time thereafter, being a widow, married Jason Carr, and during such coverture verbally declared said paper writing to be her last will and testament without any further execution thereof, in accordance with the statute. The court below adjudged the paper writing not to be the last will and testament of Cameline Means, upon the ground that it was revoked by her subsequent marriage, and that her verbal declarations could not constitute a re-execution and republication of it. We think the ruling sound. In respect to her capacity to make a will, the feme covert stands upon the same footing as the feme sole. Her will is revoked by a subsequent marriage, as much so as if she were a feme sole when she made it, and then married. The right of a married woman to make a will is guarantied by the Constitution, but that, in no way, affects the statute declaring that such a will may be revoked by another marriage contracted after the will was made. Revisal 1905, § 3116.
Affirmed.
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...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 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 pr......
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