Legal Opinion
Wilson v. Francis
Supreme Court of Virginia
Decided June 12, 1967No. Record 6403PublishedCited by 9 opinions
1Opinion of the CourtSnead, J.
The critical issue presented in this appeal is whether a will executed by an unmarried woman was revoked by former Code, § 64-58 because of her subsequent marriage, even though that section was repealed prior to her death. The precise question is one of first impression for this court.
Section 64-58, Code 1950 (§ 5232, Code 1919), which was in effect at the time of the testatrix’s marriage, was repealed in 1956. That section provided:
“Every will made by a man or woman shall be revoked by his or her marriage, except a will made in exercise of a power of appointment, when the estate thereby…
2Cases cited10 opinions
- Hale v. HaleSupreme Court of Virginia · 1894
- In re Proving the Last Will & Testament of GaffkenAppellate Division of the Supreme Court of the State of New York · 1921
- In Re Proving the Will of GaffkenNew York Court of Appeals · 1922
- Large v. DierckenCalifornia Supreme Court · 1926
- Shackelford v. ShackelfordSupreme Court of Virginia · 1943
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Probate of Will of MitchellSupreme Court of North Carolina · 1974
- Papen v. PapenSupreme Court of Virginia · 1976
- In Re Estate of CrohnCourt of Appeals of Oregon · 1972
- In Re Estate of BurlesonDistrict of Columbia Court of Appeals · 1999
- In Re the Estate of HemmingsenSupreme Court of Minnesota · 1983
4 more not listed; retrieve them via the Exa API.