In Re the Will of Marks

The right to make testamentary disposition of property is conferred by statute. In re Will of Roberts, 251 N.C. 708, 112 S.E. 2d 505; Paul v. Davenport, 217 N.C. 154, 7 S.E. 2d 352.

A writing declared by its author to be his will is ineffectual to pass title to property prior to probate in conformity with the laws of the state where the property is located. Morris v. Morris, 245 N.C. 30, 95 S.E. 2d 110; Brissie v. Craig, 232 N.C. 701, 62 S.E. 2d 330; Paul v. Davenport, supra; Cartwright v. Jones, 215 N.C. 108, 1 S.E. 2d 359; In re Thomas, 111 N.C. 411.

The word “probate” when used in reference…