31-5.3. Will not revoked by marriage; dissent from will made prior to marriage.
A will is not revoked by a subsequent marriage of the maker; and the surviving spouse may petition for an elective share when there is a will made prior to the marriage in the same manner, upon the same conditions, and to the same extent, as a surviving spouse may petition for an elective share when there is a will made subsequent to marriage. (1844, c. 88, s. 10; R.C., c. 119, s. 23; Code, s. 2177; Rev., s. 3116; C.S., s. 4134; 1947, c. 110; 1953, c. 1098, s. 5; 1967, c. 128; 2000-178, s. 5.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Revocation of Will.
§ 31-5 - Rewritten and renumbered as G.S.1 by Session Laws 1953, c1098, s3.
§ 31-5.1 - Revocation of written will.
§ 31-5.2 - Revocation of nuncupative will.
§ 31-5.3 - Will not revoked by marriage; dissent from will made prior to marriage.
§ 31-5.4 - Revocation by divorce or annulment; revival.
§ 31-5.5 - After-born or after-adopted child; children born out of wedlock; effect on will.
§ 31-5.6 - No revocation by subsequent conveyance.
§ 31-5.7 - Specific provisions for revocation exclusive; effect of changes in circumstances.
§ 31-5.8 - Revival of revoked will.
§ 31-6 - Renumbered as G.S31-5.3 by Session Laws 1953, c1098, s5.
§ 31-8 - Renumbered as G.S31-5.6 by Session Laws 1953, c1098, s8.