Paschal P. Wheeler v. Sarah B.B. Wheeler
Supreme Court of Rhode Island
This was an appeal from a decree of the Court of Probate of the town of Scituate, refusing .the probate of an instrument purporting to he the last will and testament of Paschal P. Wheeler.
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This was an appeal from a decree of the Court of Probate of the town of Scituate, refusing .the probate of an instrument purporting to he the last will and testament of Paschal P. Wheeler. It appeared in evidence, that on the twelfth day of April, 1849, Paschal P. Wheeler, being then a man about eighty years of age, and the father of four grown up children by a former marriage, having contracted a marriage with the appellee, a woman about thirty-five years of age, executed a deed of trust, whereby he conveyed his real estate in trust to such uses as he should by will appoint, or, in default…
1Opinion of the CourtGreene, C. J.
Paschal P. Wheeler, the testator, made his will on the 13th of April, 1849 ; on the 15th of the same month, in the same year, he married Sarah B. B. Hawkins, and, in the course of the same year died, leaving the said Sarah, his widow. She objects to the probate of the will upon the ground that it was revoked by the marriage under the third section of the statute. (Dig. of 1844, p. 231.)
The counsel for the widow contend, that the revocation by marriage is absolute under the statute.
The counsel for the appellants contend, it is only prima fade and may be rebutted by circumstances which show a…
2Cases cited3 opinions
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- Brush v. WilkinsNew York Court of Chancery · 1820
- Havens v. Van Den BurghCourt for the Trial of Impeachments and Correction of Errors · 1845