Burchett v. Mason

The present proceeding can be sustained only upon the holding that the will of Spottswood Mason is void for vagueness and uncertainty in the description of the different properties therein attempted to be devised. Hodges v. Stewart, 218 N.C. 290, 10 S.E. 2d 723, and eases cited. Of course, a nullity may be upset by direct or collateral attack, ignored, disregarded, or treated as ineffectual, anywhere at any time. Ex mhilo nihil fit is one maxim that admits of no exceptions. Harrell v. Welstead, 206 N.C. 817, 175 S.E. 283.

The paper writing in question was probated in common form as the will of…