In Re Estate of Messenger

The opinion of the court was delivered by

Foth, C.:

The main issue in this case is the effect of a wife’s lack of consent to her husband’s will which totally disinherits her if they both die “at or about the same time as the result of a common disaster.”

Asa Lee Messenger (known as Lee) and his wife, Juanita, both died as the result of an automobile accident on July 27, 1968. They had been married about seven years.

Lee, who was sixty-three at the time of his death, left as his closest kin three sisters and a brother, who was to be his executor and the appellee herein.

Juanita was survived by an…