Farmers Bank of Clayton v. McCullers

Stacy, 0. J.

It is conceded tbat tbe deeds in question, executed between husband and wife during coverture, which purport to affect or change the real estate of the wife, were not probated as required by O. S., 2515, in that, the officer in each instance failed to certify in his certificate of probate that at the time of its execution and the wife’s privy examination, such contract was “not unreasonable or injurious to her.” This omission renders the deeds void. Capps v. Massey, 199 N. C., 196, 154 S. E., 52; Caldwell v. Blount, 193 N. C., 560, 137 S. E., 578; Garner v. Horner, 191 N. C., 539,…