Koontz v. Koontz

Citations

• 83 Wash. 180
• 145 P. 201
• 1915 Wash. LEXIS 674

Syllabus

<p>Wills — Revocation — Marriage— Provision for Wife. Under Rem. & Bal. Code, § 1323, providing that marriage revokes a prior will of the testator, if the wife shall be living at the time of his death, unless provision shall have been made for her by marriage settlement or the wife be provided for or mentioned in the will, an understanding before marriage that, when either should die, the survivor should have no interest in the decedent’s estate, is not a “provision” for the wife by marriage settlement which could toll the revocation of the will.</p> <p>Frauds, Statute of — Contracts in Consideration of Marriage. An understanding before marriage that, when either should die, the survivor should have no interest in the decedent’s estate, is not merely an agreement in contemplation of marriage, but is a promise made “upon consideration of marriage,” and void under Rem. & Bal. Code, § 5289, unless made in writing.</p>