Legal Opinion

Shackelford v. Shackelford

Supreme Court of Virginia

Decided October 11, 1943No. Record No. 2699PublishedCited by 17 opinions

1Opinion of the CourtGregory, J.

Is a will made by an unmarried man in which he makes a substantial bequest to a woman, not proven to be his intended wife at the time the will is made but whom he later marries, revoked by the marriage, under Code, section 5232 (Michie), or is revocation prevented in such case by virtue of Code, sections 5120 and 5121?

The court below has held that section 5232 is complete and absolute, and unqualifiedly revokes such a will; and that sections 5120 and 5x21 have no application whatever and are not to be considered.

The pertinent statutes read as follows:

“Section 5232. Revocation of wills by…

2Cases cited8 opinions

  1. Hale v. HaleSupreme Court of Virginia · 1894
  2. Kirkpatrick v. Board of SupervisorsSupreme Court of Virginia · 1926
  3. Nelson's Adm'r v. Kownslar's Ex'orSupreme Court of Virginia · 1884
  4. Francis v. MarshWest Virginia Supreme Court · 1904
  5. Land v. ShippSupreme Court of Virginia · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Board of Supervisors v. King Land Corp.Supreme Court of Virginia · 1989
  2. Mandell v. HaddonSupreme Court of Virginia · 1961
  3. Estate of Helen M. Johnson, Deceased, Lolita McNeill Muhm, Independent v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
  4. 7-Eleven, Inc. v. Department of Environmental QualityCourt of Appeals of Virginia · 2003
  5. Wilson v. FrancisSupreme Court of Virginia · 1967

12 more not listed; retrieve them via the Exa API.

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