Booth's Will
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. In September, 1888, Yerena Wischer, an unmarried woman, over eighteen years of age, and of sound mind, executed her will in due form. Thereafter she married John C. Booth. No children were born of this marriage. Mrs. Booth died in January, 1899, and Mr. Booth in December of the same year.
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From Marion: Reuben P. Boise, Judge. In September, 1888, Yerena Wischer, an unmarried woman, over eighteen years of age, and of sound mind, executed her will in due form. Thereafter she married John C. Booth. No children were born of this marriage. Mrs. Booth died in January, 1899, and Mr. Booth in December of the same year. The question now is whether Mrs. Booth’s property shall be disposed of under her will or under the statute — in other words, was the will revoked by the subsequent marriage of its maker. The county court admitted the will to probate, but that order was reversed by the…
1Opinion
On the Merits.
2Opinion of the CourtChief Justice Bean
The single question presented on this appeal is whether the will of an unmarried woman is revoked by her subsequent marriage. The statute (Hill’s Ann. Laws, § 3072) passed in 1853, and continued in force by the constitution, Art. XVIII, § 7, expressly so declares. But it is contended that it has been repealed by sections 780, 2992, and 2998, which read as follows:
“A written will cannot be revoked or altered otherwise than by another written will, or another writing of the testator, declaring such revocation or alteration, and executed with the same formalities required by law…
3Cases cited16 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- In re the Will of TullerIllinois Supreme Court · 1875
- Swan v. HammondMassachusetts Supreme Judicial Court · 1884
- Will of WardWisconsin Supreme Court · 1887
- EmerySupreme Judicial Court of Maine · 1889
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