Johnson v. Cromer

Gunter, Justice.

This is an appeal from a judgment that granted judgment on the pleadings in favor of the caveator in a will probate case. The only issue for decision is whether the will contained a provision in contemplation of the testator’s subsequent marriage sufficient to prevent revocation of the will by operation of law under Code Ann. § 113-408.

We affirm the judgment below.

In 1961, Hoyt J. Cromer executed a will leaving his entire estate to his brothers and sisters and to the brothers and sisters of his deceased wife. Item III of the will stated: "I declare that except as provided in…