Miller v. First National Bank & Trust Co.

*76HODGES, Justice.

By statute,1 “If, after making a will the testator is divorced,” all provisions in favor of the testator’s former spouse are revoked. The question then arises, does this statute also apply to those provisions in favor of the former spouse in a trust instrument which was executed by the testator at the same time? Under the facts of this case, we answer affirmatively.

On October 15, 1971, William J. Miller, Jr., executed two instruments, one entitled “Last Will and Testament,” and the other entitled “Life Insurance Trust.” These instruments were prepared simultaneously as part of…