Capriotti v. Millsaps

OPINION

JACOBSON, Judge.

The sole issue raised by this appeal is whether a will executed prior to January 1, 1974 1 by one spouse in favor of the other spouse is revoked by the subsequent divorce of the parties coupled with a division of their property.

This appeal arose out of petitions filed by appellee, Judy Millsaps (Judy), for construction of a will and declaratory judgment to determine the rights of the parties in the probate of the estate of her mother, Betty Jeanne Capriotti (Betty Jeanne). These petitions were resisted by appellant, Chester R. Capriotti (Chester), who had previously…