Papen v. Papen

This appeal presents the question, of first impression for us, whether a will executed by a married mán was revoked by the provisions of Code § 64.1-59 (Repl. Vol. 1973), 1 enacted after his divorce but before his death.

On August 27, 1940, in Maryland, Herman A. Papen executed his will, in which he devised and bequeathed his entire estate to his wife, Alice Clayton Papen, and appointed her executrix thereunder. Papen was awarded a divorce a vinculo matrimonii from his wife by decree entered by a Maryland court on October 8, 1947. In 1968 Code § 64.1-59 became effective, and in 1972 Papen died…