Legal Opinion

King v. Davidson

Court of Appeals of Oregon

Decided March 19, 1979No. 2031-A, CA 10419; E-6060, CA 10418Published

1Opinion of the CourtThornton, J.

Plaintiff, who is testator’s nephew and sole forthcoming heir, instituted a will contest and a suit for declaratory judgment, contending that testator’s divorce revoked the will in issue in its entirety.

The trial court held that the will was revoked only as to testator’s ex-wife, and that gifts over to two charities were valid. Plaintiff appealed and the ex-wife and one charity cross-appealed. We affirm.

The threshold issue in this case is the law to be applied in determining whether, and to what extent, a testator’s will has been revoked by his divorce.

Testator was married in March 1968 in…

2Cases cited15 opinions

  1. Hansen v. Oregon Humane SocietyOregon Supreme Court · 1933
  2. In Re Ziegner's EstateWashington Supreme Court · 1928
  3. Estate of PattersonCalifornia Court of Appeal · 1923
  4. Townsend v. Charles Schalkenbach Home for Boys, Inc.Washington Supreme Court · 1949
  5. Papen v. PapenSupreme Court of Virginia · 1976

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