In Re the Will of Tenner

G.S. 31-5.3 provides that “a will is revoked by the subsequent marriage of the maker, except as follows. . . .” The two exceptions set forth in the statute do not apply in the instant proceeding.

The contention of the propounders is that when a man marries a woman subsequent to making his will, that G. S. 31-5.3 does not revoke the will in its entirety, but revokes it only to the extent necessary to permit the wife to share in his estate as if her husband had died intestate, and otherwise his will is to remain in full force and effect. Pursuant to their theory of the law, they assign as errors…