Emery
Supreme Judicial Court of Maine
Facts agreed. The case was submitted to the full court, upon a statement of the facts, to determine the law as to the effect of the marriage of the testatrix, Esther Hunt, formerly Esther Doughty, upon the validity of her will executed before marriage.
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Facts agreed. The case was submitted to the full court, upon a statement of the facts, to determine the law as to the effect of the marriage of the testatrix, Esther Hunt, formerly Esther Doughty, upon the validity of her will executed before marriage. It appeared, that the testatrix was a widow at the time she executed the will; that she subsequently married, but no children were born of the subsequent marriage : that her second husband deceased before the death of the testatrix ; and that at the time of the decease of the testatrix, when said will would take effect,, if ever, she was single…
1Opinion of the CourtWalton, J.
The question is whether the common-law rule that, the will of a, feme sole is revoked by her marriage, is now in force in this state. We think it is not. The rule was an outgrowth of the doctrine that the marriage of a feme sole destroyed her testamentary capacity. After her marriage she could neither make nor revoke a will. A will already made, if allowed to remain valid, would make a permanent disposition of her property. This would be contrary to the very essence and nature of a will. It would cease to be ambulatory. It was therefore resolved that
*277the marriage of a feme sole should, by…
2Cases cited1 opinion
- In re Carey's EstateSupreme Court of Vermont · 1877
3Cited by18 opinions
- Naab v. SmithWyoming Supreme Court · 1940
- In re Estate of ComassiCalifornia Supreme Court · 1895
- Hoy v. HoyMississippi Supreme Court · 1908
- Ellis v. DardenSupreme Court of Georgia · 1890
- In Re Walters' EstateNevada Supreme Court · 1940
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