In Re the Estate of Kurtz

This is an appeal from an order denying probate to the will of deceased.

The will was made on June 3, 1921. The next day, to wit, June 4, 1921, the testator married the contestant.

The will was contested on the ground that it was revoked by the provisions of section 1299 of the Civil Code, which are as follows:

“If, after making a will, the testator marries, and the wife survives the testator, the will is revoked, unless provision has been made for her by marriage contract, or unless she is provided for in the will, or in such way mentioned therein as to show an intention not to make such…