Hobbs v. Winfield

BENHAM, Justice.

This case involves the revocation of a will due to after-born children of the testator. The probate court determined the will did not contemplate the birth of future children, and therefore their birth revoked the will. The named beneficiary appeals.

The record shows that the testator, Alphonzo Raul Hobbs, executed a will in 1989 when he was a 20-year-old serving in the military. The *24will named Hobbs’s mother as sole beneficiary and personal representative of the estate, and, in the event his mother did not survive him, he named his “grandmother,” appellant Evelyn Hobbs, as the…