In the Matter of Rice

The issues in this case are whether a handwritten will that is ineffective as a will itself revokes an earlier will, and whether a divorce and property settlement, by implication of law, revokes all preexisting testamentary provisions for the divorced spouse and her natural family. These questions were answered in the negative by the Probate Judge (Jones, J.) who transferred the exceptions of the heirs at law.

In 1964 the decedent executed a will bequeathing his entire estate to his wife, if she survived him, otherwise to his five step-children. The decedent named his five natural children but…