Flanner Ex Rel. Patterson v. Flanner
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at August Term, 1912, of CRAVEN. •Controversy without action". The facts agreed upon and formally presented are -as follows: 1. That William B. Elanner, Sr., and Lizzie H. Elanner were husband and wife, but without children on 16 May, 1891. 2. That on said day Lizzie H. Elanner duly executed her last will and testament in words and figures as follows: In the name of God, Amen.
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Appeal by defendant from Whedbee, J., at August Term, 1912, of CRAVEN. •Controversy without action". The facts agreed upon and formally presented are -as follows: 1. That William B. Elanner, Sr., and Lizzie H. Elanner were husband and wife, but without children on 16 May, 1891. 2. That on said day Lizzie H. Elanner duly executed her last will and testament in words and figures as follows: In the name of God, Amen. I, Lizzie H. Elanner, being of sound mind and memory, do make this my last will and testament. I give, grant, and devise to my beloved husband, William .B- Flanner, all my.property…
1Opinion of the Court
Hoke, J."
Under the principles of the-common law as understood'and allowed to prevail in'this State/ the subsequent birth of a child did not of itself amount to revocation of a testator’s will. McCay v. McCay, 5 N. C., 447. That case presented at' nisi prius in Rowan County at October Term, 1808, seems to have attracted the attention of the Legislature, and at November session following a statute was enacted regulating the subject and in terms substantially similar to the provision as it now appears in Revisal 1905, sec. 3145, to wit:
“Sec. 3145. Void as to after-born children. Children born…
2Cases cited4 opinions
- Lorieux v. KellerSupreme Court of Iowa · 1857
- Thomason v. Julian.Supreme Court of North Carolina · 1903
- Meares v. Meares's Exrs.Supreme Court of North Carolina · 1843
- Gay v. GaySupreme Court of Alabama · 1887
3Cited by7 opinions
- Dudley v. StatonSupreme Court of North Carolina · 1962
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- Sorrell v. . SorrellSupreme Court of North Carolina · 1927
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- City National Bank v. KellyOhio Probate Court of Franklin County · 1940
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