Wills - Revocation by Change in Circumstances - Effect of a Separation and Property Settlement Agreement

Authors

Paul R. Haerle, University of Michigan Law SchoolFollow

Abstract

Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a divorce alone nor a property settlement alone will work a revocation by operation of law because of the change in circumstance, a separation and property settlement agreement will not do so. Price v. Price, (Tenn. App. 1954) 269 S.W. (2d) 920.

Recommended Citation

Paul R. Haerle, Wills - Revocation by Change in Circumstances - Effect of a Separation and Property Settlement Agreement, 53 Mich. L. Rev. 1018 (1955).
Available at: https://repository.law.umich.edu/mlr/vol53/iss7/22