In re Estate of Comassi

Citations

• 107 Cal. 1
• 40 P. 15
• 1895 Cal. LEXIS 704

Syllabus

<p>Will or Married Woman—Revocation—Second Marriage—Construction of Code.—Section 1300 of the Civil Code, which provides that “ a will executed by an unmarried woman is revoked by her subsequent marriage, and is not revived by the death of her husband,” only applies to a will which is executed by a woman unmarried at the time of its execution, and does not apply to a will executed by a married woman, and such will is not revoked by a second marriage subsequent to the execution of the will.</p> <p>Id.—Execution and Revocation of Will Statutory.—The right of any person to execute a will, as well as the form in which the will must be executed, or the manner in which it may be revoked, are matters entirely of statutory regulation.</p> <p>Id.—Power of Married Woman to Make Will.—By the common law a married woman has no power to make a will, and the marriage of a woman revoked any will that she bad previously made; but in this state there is no restriction upon the power of a married woman to make a will, and, upon proof of its execution, it is entitled to probate the same as the will of any other person, unless it is shown to have been revoked in one of the modes prescribed by statute.</p>