REVOCATION OF WILLS-DEPENDENT RELATIVE REVOCATION

Authors

L. M. S., University of Michigan Law School

Abstract

Testator, after providing in his will for the payment of debts and expenses of administration, devised and bequeathed the residue of his estate "to my wife, Alice B. Houghton, if she is living at the time of my death; and if she is not living at the time of my death, then . . . to my brother-in-law, Stephen M. Stuart, of Fort Myers, Florida," The will was duly-executed in this form, but thereafter the words "my brother-in-law, Stephen M. Stuart, of Fort Myers, Florida," were lined out and the testator inserted the following: "Give to Louisa Paquin the shop and property known as 2015 South Fort St. with the business as it is, and the property at 2747 to my attorney Walter M. Nelson Lot 10 of Whiffle & Scovel Sub, and nothing to Steven M. Stuart." The will was not re-executed. The testator's wife predeceased him. Held, the will was revoked except as to the provision for the payment of debts and expenses of administration, and for the appointment of an executor, the doctrine of dependent relative revocation being inapplicable. In re Houghton's Estate, 310 Mich. 613, 621, 17 N.W. (2d) 774, 18 N.W. (2d) 254 (1945).

Recommended Citation

L. M. S., REVOCATION OF WILLS-DEPENDENT RELATIVE REVOCATION, 43 Mich. L. Rev. 1190 (1945).
Available at: https://repository.law.umich.edu/mlr/vol43/iss6/12