#### L. D. BYRD and others, Executors, v. W. B. SURLES and wife and others.

Will — Marriage of Testator.

The marriage of a testator subsequent to the making of a will is a revocation of the will.

Civil Actior tried at Spring Term, 1877, of Harnett1 Superior Court, before MoKoy, J.

This was an issue of Devisavit Vel Non and the jury rendered a verdict in favor of the caveators. The case was brought to this Court on appeal by plaintiffs.

Messrs. Neill McKay, W. E. Murchison, J. W. Hinsdale, T. ET. Sutton and J. A. Spears, for plaintiffs.

*436 Messrs. John Manning, D. H. McLean and N. W. Lay, for ■defendants.

Faircloth, J.

Richard Byrd.made Ms will, February the ■26th, 18.76 ; was married, May the 4th, 1876, and died, December the 26th, 1876, and the jury said by their verdict that the said paper writing propounded was not the will of ■said Richard.

There is no judgment, order, or exceptions in the case, and we have nothing to decide, except that the marriage revoked the will, and to render judgment against the appellants for the costs in this Court.

Per CüRIAm. Judgment accordingly.