Champaign County Bank & Trust Co. v. Jutkins

This appeal has been brought directly to this court from the decree of the circuit court of Champaign County in an action to construe the will of Francis R. Jutkins, deceased. A freehold is involved.

The case turns upon the construction of the 1957 amendment to section 46 of the Probate Act. As amended that section provides: “Unless the will expressly provides to the contrary: * * * (2) divorce or annulment of the marriage of the testator revokes every beneficial devise, legacy or interest given to the testator’s former spouse in a will executed before the entry of the decree of divorce or…