Graef v. Graef

HENDLEY, Judge,

Court of Appeals (dissenting).

I cannot agree with the reasoning used or conclusion reached by the majority.

The majority would have us read the language of the statute so as to deny the surviving spouse the right to take under the will on the grounds that the statute is clear and unambiguous and not open to construction. I do not so read the statute. Under the present facts it is not clear or unambiguous. The statute is subj ect to construction.

Section 30-1-7.1, N.M.S.A.1953 (Supp. 1967) (Laws of 1967, ch. 257, § 1), states:

“A. If after making a will the testator marries and…