Allen v. Heron

EDGERTON, Associate Justice.

This appeal by a child’s guardian ad litem attacks the will of the child’s fatlier. The will was made in 1942 when the testator was a married man without children. It leaves all his property to his wife. The child was born in 1945 and the testator died a few months later. The value of the estate is not over $15,000.

*708In Pascucci v. Alsop, 79 U.S.App.D.C. 354, 147 F.2d 880, we held that an unmarried man’s will which does not appear to contemplate marriage and fatherhood is revoked when both those events occur. That common-law rule is intended to reflect the wishes of…