§ 31-30. Validation of wills recorded without probate by subscribing witnesses. - North Carolina Statutes

§31‑30.  Validation of wills recorded without probate by subscribingwitnesses.

In all cases where wills andtestaments were executed prior to the first day of January, 1875, and whichappear as recorded in the record of last wills and testaments to have had twoor more witnesses thereto, and such last wills and testaments were admitted toprobate and recorded in the record of wills in the proper county in this Stateprior to the first day of January, 1888, without having been duly proven asprovided by law, and such wills were presented to the clerk of the superiorcourt in any county in this State where the makers of said wills ownedproperty, and where the makers of such wills lived and died, and were by suchclerks recorded in the record of wills for his county, said wills andtestaments or exemplified copies or certified true copies thereof, so recorded,if otherwise sufficient, shall have the effect to pass the title to real orpersonal property, or both, therein devised and bequeathed, to the same extentand as completely as if the execution thereof had been duly proven by the twosubscribing witnesses thereto in the manner provided by law of this State.Nothing herein shall be construed to prevent such wills from being impeachedfor fraud. (1921, c. 66; C.S., s. 4157(a); 1997‑81, s. 3.)