In Re Probate of Will of Mitchell

MORRIS, Judge.

The sole issue for our determination is whether the will executed by Levi Mitchell (then unmarried) was revoked by his subsequent marriage at a time when G.S. 31-5.3 (providing for revocation of a will by a subsequent marriage) was effective although the statute was amended prior to his death to provide that a will is not revoked by a subsequent marriage of the maker.

At the time Levi Mitchell executed his will on 16 January 1963, G.S. 31-5.3 provided as follows:

“Revocation by marriage; exceptions. — A will is revoked by the subsequent marriage of the maker, except as follows:(1)…