PASCUCCI v. ALSOP

No. 8829.

147 F.2d 880 (1945)

PASCUCCI v. ALSOP et al.

United States Court of Appeals District of Columbia.

Decided January 29, 1945.


Attorney(s) appearing for the Case

Mr. George C. Gertman, of Washington, D. C., for appellant.

Mr. William Sabine, of Washington, D. C., for appellees Mary, Settinia and Josephine Pascucci, by designation of the Alien Property Custodian.

Mr. Thomas M. Baker, of Washington, D. C., for appellee Executors, Alsop and Repetti.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.


GRONER, C. J.

The single question here is whether in a case in which an unmarried man, without children by a former marriage, devises all of his property by will and leaves no provision for any child of his subsequent marriage, the law annexes to such will the tacit condition that if he afterwards marries and has a child born of such marriage, the will shall be held revoked and of no effect.

The testator, Agostino Pascucci, was married twice, and there were...

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