121 Ga. 539 | Ga. | 1904
1. Where a married woman made a will, her husband died, and she subsequently remarried, the will, under the Civil Code, §3347, was revoked. See Ellis v. Darden, 86 Ga. 368.
2. The contract made subsequently to the second marriage, between the husband and wife, did not amount to a republication of the will, as it was wanting in the formalities essential to the making of a will. What are the rights of the parties under this contract can not be decided in the probate court, but may be determined in a court having jurisdiction of that question. Judgment affirmed.
contended that Civil Code, § 3347, did not apply, as married women, on account of coverture, could not make wills at the time this law was enacted. They cited, on revocation of will by subsequent marriage; 29 L. R. A. 414; 48 Ib. 557 (183 Ill. 486); 40 N. Y. 405. Caveator estopped to contest probate: Gard. Wills, 286, 319—20; 88 Ky. 38 (21 Am. St. R. 320); 104 Cal. 570 (32 L. R. A. 595, 604); 7 Fla. 292 (68 Am. Dec. 441); 94 Tenn. 577; Pritch. Wills, § 339; 78 Tenn. 421; 14 N. Y. St. R. 376; 48 N. E. 858; 95 Ky. 154; 95 Pa. St. 279; 29 Am. & Eng. Enc. L. 326 ; Ga. R. 4/446; 12/121; 21/427 ; 28/578; 30/630; 36/191; 45/301; 73/135; 74/210; 102/212; 108/372; 115/863; 121/26.
cited Civil Code, §§ 3279, 3344, 3347, 3348, 5186; Ga. R. 86/368; 10/79; 89/490; 120/71; 69/74; 45/415; 60/194; 118/441; 14/362; 14 Gratt. 332.