CONFLICT OF LAWS-MODEL EXECUTION OF WILLS STATUTE-LAW GOVERNING REVOCATION OF WILL

Authors

Edward W. Rothe S.Ed., University of Michigan Law SchoolFollow

Abstract

Decedent's will, devising Iowa realty, was denied probate in Illinois, the state of domicile, on grounds that the will had been revoked by cancellation. The devisees offered the will for probate in Iowa, under whose law no revocation was effected. The heirs contested probate on grounds that the Illinois denial of probate was conclusive and binding on Iowa courts in view of §633.49, Iowa code, 1946: "A last will and testament executed without this state, in the mode prescribed by the law, either of the place where executed or the testator's domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state .... " Held, four justices dissenting, the will is admissible to probate to pass title to Iowa land. The statute is inapplicable because it deals only with the execution of wills, not with revocation, thereby leaving unchanged the rule that the lex rei sitae controls as to the validity of revocation. In re Barrie's Estate, (Iowa, 1949) 35 N.W. (2d) 658.

Recommended Citation

Edward W. Rothe S.Ed., CONFLICT OF LAWS-MODEL EXECUTION OF WILLS STATUTE-LAW GOVERNING REVOCATION OF WILL, 48 Mich. L. Rev. 699 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss5/10