In Re Probate of Will of Mitchell

SHARP, Justice.

Between 9 January 1845 and 1 October 1967 it was the law in North Carolina (with two exceptions not applicable to this case) that upon the marriage of any person his or her will was revoked. Sawyer v. Sawyer, 52 N.C. 133 (1859) ; 1 Wiggins, Wills and Administration of Estates in North Carolina § 100 (1964). This law, enacted as N. C. Sess. Laws, Ch. 88, § 10 (1844-45), was codified as G.S. 31-5.3 (Vol. 2A, 1966 Replacement) at the time Mitchell executed his will and on the date of his marriage. It was repealed by N. C. Sess. Laws, Ch. 128 (1967) (hereinafter referred to as 1967…