Saint Mary's School & Junior College, Inc. v. Winston
Supreme Court of North Carolina
1Opinion of the CourtDeNny, J.
It is disclosed by the record herein, that the purported codicil to the will of Eliza A. Pool, dated 5 June, 1928, was not probated until sometime after the original will, dated 9 July, 1931, and the codicil, dated 1 June, 1932, had been probated. It will also be noted that the will of Eliza A. Pool, executed 9 July, 1931, contains the following provision : “All other Wills left by me I declare null and void.” Therefore, this purported codicil, executed 5 June, 1928, as well as any will it was intended to modify, explain or supplement, was declared to be null and void by the testatrix.
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2Cases cited15 opinions
- Faison v. . MiddletonSupreme Court of North Carolina · 1916
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Weaver v. . KirbySupreme Court of North Carolina · 1923
- Thomas Ex Rel. Thomas v. ClaySupreme Court of North Carolina · 1924
- Crouse v. . BarhamSupreme Court of North Carolina · 1917
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3Cited by2 opinions
- Ward v. Unitrin Direct Property & Casualty Co.United States Bankruptcy Court, W.D. North Carolina · 2006
- In Re StaffordUnited States Bankruptcy Court, W.D. North Carolina · 2006