Caswell v. Kent

On report. The late James G. Kent married Ann Caswell in 1946. In 1947 Mr. Kent executed a will devising an interest in his real estate in these terms: “ * * * and one-third part in common and undivided thereof to my wife, Ann Kent, * * * .” The remainder of his estate was left to Newell E. Kent, son of the testator by a former marriage. About a year later Mrs. Kent divorced her husband and resumed her maiden name. The divorce was accompanied by a voluntary and complete property settlement involving a transfer by Mrs. Kent to the testator of all her interest in his real estate and a lump sum…