McCraw v. Llewellyn

Plaintiff does not claim as a beneficiary under the will. He recognizes Minnie’s marriage subsequent to 30 December 1958 constituted a revocation of her will. G.S. 31-5.3; In re Will of Tenner, 248 N.C. 72, 102 S.E. 2d 391. He predicates his right to recover for breach of an express contract.

Defendant’s denial of the special contract placed the burden of proving the asserted contract on plaintiff. If he offered any evidence sufficient to support his allegation and to require compliance with the contract, he was entitled to have that issue submitted to the jury. If he failed to offer such…