Moore v. Moore
F. L. Moore v. W. R. Moore.
Opinion of the Court
*511 Pee Cueiam.
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.
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