Lavender v. Wilkins

Hill, Justice.

Following an adverse decision in the court of probate, the propounders of the will of John R. Cochran appeal from a judgment of the superior court, based upon a jury’s verdict, which denied the will to probate. By special verdict the jury found that the testator entered into a common law marriage with Hilda B. Atkinson after the execution of his will in which he had exercised a power of appointment. The principal issues raised on this appeal involve the questions of who has standing to caveat the probate of a will, and whether a subsequent marriage revokes the exercise of a…