Estate of Craft

Citations

• 164 Pa. 520
• 30 A. 493
• 1894 Pa. LEXIS 1113

Syllabus

<p>Will—Revocation of single woman's will by marriage—Ante-nuptial agreement—Probate—Collateral attack—Act of April 8, 1833.</p> <p>Under the act of April 8, 1833, § 16, P. L. 250, a will executed by a single woman is absolutely revoked by her subsequent marriage, even although her husband has given his written consent, prior to the marriage, to a will by which he is excluded from participation in her estate.</p> <p>While such consent may operate as an ante-nuptial agreement as against the husband, a child born after the second marriage is not concluded, by its father’s consent to the will, from sharing in its mother’s estate, as the will had been absolutely revoked by the subsequent marriage. A probate of the revoked will will not defeat the rights of such child.</p>