In Re Estate of Stolte

This is an appeal from an order of the probate division of the circuit court of the Eighth Judicial Circuit admitting certain instruments to probate as the last will and codicil of Frank G. Stolte, deceased, and issuing letters testamentary thereon. The widow of the decedent appeals directly to this court raising certain constitutional questions.

This case involves an interpretation of the various provisions of section 46 of the Probate Act as amended in 1941, 1957 and 1965, concerning the effect of marriage on a preexisting will.

Frank G. Stolte, the decedent, executed a will on August 31,…