McParland v. McParland

Nichols, Chief Justice.

The sole issue presented in this appeal is one of "will or no will.” Thomas E. McParland executed a will in 1955. At that time he had three living daughters but thereafter two additional daughters were born of his marriage to Sylvia B. McParland, and the question presented is whether or not such will was revoked under the provisions of Code Ann. § 113-408 by the birth of a child.

The testator’s will left his entire estate to his wife provided she survived him by 30 days. The will then provided, in the event the wife should not survive the testator by 30 days, for a trust…