Estate of Paul

Opinion

SCHWEITZER, J.

Petitioners, children of decedent by a former marriage, filed a petition for determination of heirship, raising the question as to whether decedent’s will was revoked as to his after-acquired spouse under section 70, Probate Code.

Facts

There is no dispute as to the facts. In 1968 decedent and Marion Paul were divorced; petitioners are children of that marriage. Thereafter, on November 21, 1968, decedent executed a will; seven days later, on November 28, 1968, he married Patty Sue Paul. Decedent died on June 27, 1971, leaving as his sole heirs at law, his two children by…