Ray ex rel. Estate of Tate v. Tate ex rel. Last Will & Testament of Tate

Moss, Acting Justice:

This appeal is from an order holding that after a paramour takes the one-fourth of an estate allowed by Code § 21-*4747-480 (1976),1 the remainder of the estate passes to the substituted beneficiary named in the will. We reverse, concluding the remainder of the estate passes by intestacy.

The testator, David Tate, married Vinnie Dawkins in the 1920’s and legitimated her two youngest children, the appellants herein. The couple separated after eight years and Tate then began his liaison with Carrie Lark Tate. Although Tate attempted to marry her in 1942, this marriage was void as…