In Re the Estate of Santelli

The opinion of the court was delivered by

Ekancis, J.

This appeal was certified on our motion in order to decide the question of whether the marriage of a man impliedly revokes his antenuptial will. The issue has never before been raised in the courts of this State.

At common law, marriage of a woman ipso facto revoked her will. Upon her assumption of the marital status, the wife’s identity became so merged with that of her husband, and his control over her property so pervasive, that she lost the right to make a will. Consequently, it was considered that because the same capacity is required to…