Moore v. . Moore
Cases that cite this one
4 later published cases cite this decision.
- In re the Will of Tenner (N.C. 1958)
- Holt v. Holt (N.C. 1950)
- In re Will of Rowland (N.C. 1932)
- Cromwell v. . Bradsher (N.C. 1932)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
C. S., 4134, provides that subsequent marriage, with certain exceptions, revokes all prior wills made by a testator. Means v. Ury, 141 N. C., 248, 53 S. E., 850; In re Bradford, 183 N. C., 4, 110 S. E., 586.
The probate of a will in common form is binding and conclusive until set aside by a direct proceeding. Mills v. Mills, 195 N. C., 595, 143 S. E., 130; In re Will of Cooper, 196 N. C., 418, 145 S. E., 782. However, the present proceeding was treated by the parties as an action to remove the probate as a cloud upon title, and hence no point was made that the proceeding constituted a collateral attack upon the will.
Upon such state of the record the judgment is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.