In Re Estate of Day

The issue presented in this case is whether a marriage ceremony, entered into by William E. Day about six weeks after he had executed his will, worked a revocation of the will. The county court of Fayette County denied probate of the will on the ground that it had been so revoked. The circuit court, on appeal, found that the will was not revoked by the marriage ceremony, and entered an order remanding the cause to the county court with directions to admit the will to probate. Since a freehold and constitutional questions are involved, the appeal comes directly to this court.

The validity of…