In Re Estate of Jones

Appellant challenges the trial court finding that the will of Theodore Jones was not made in contemplation of marriage and was therefore revoked by the subsequent marriage of the testator.

Under existing law in 1958, a subsequent marriage of a testator, without issue, did not revoke a will earlier made. However, in 1971, the legislature changed the consequence of a subsequent marriage. The statute then enacted, sec. 853.11, Stats., and made applicable to the will of any testator dying on or after April 1, 1971, instead provides in pertinent part:

“SUBSEQUENT MARRIAGE. A will is revoked by the…