Matter of Estate of Spencer

OPINION OF THE COURT BY

OGATA, J.

Contestants-appellants (hereinafter appellants), who are children of the deceased testator, appeal from an Order Denying Motion for Declaratory Judgment and from an Order of Probate entered by the court below. The question presented to us on this appeal is whether a will in which the testator gives and bequeaths his entire estate to a woman by her maiden name, is revoked by the subsequent marriage of the testator to that woman by operation of HRS § 536-11 (1975 Supp.). This section provided the following:

By marriage. If, after the making of a will, the'testator…