Morris v. Morris

G.S. 31-39 provides “No will shall be effectual to pass real or personal estate unless it shall have been duly proved and allowed in the probate court of the proper county . . .”

A will is wholly ineffectual as an instrument of title unless the will is probated and made a matter of record in accordance with the applicable statutes of our State. Osborne v. Leak, 89 N.C. 433; Poore v. Poore, 201 N.C. 791, 161 S.E. 532; Cartwright v. Jones, 215 N.C. 108, 1 S.E. 2d 359; Brissie v. Craig, 232 N.C. 701, 62 S.E. 2d 330; Anderson v. Atkinson, 234 N.C. 271, 66 S.E. 2d 886; Vandiford v. Vandiford, 241…