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GRAVES v. CARTER

17186.

207 Ga. 308 (1950)

61 S.E.2d 282

GRAVES v. CARTER, executrix.

Supreme Court of Georgia.

Rehearing Denied October 13, 1950.

Attorney(s) appearing for the Case

A. W. White and John W. Bolton, for plaintiff.

Dunaway, Riley & Howard, James M. Embry, Yantis C. Mitchell, and H. Fred Gober, for defendant.

DUCKWORTH, Chief Justice.

1. In all cases a marriage of the testator, subsequent to the making of a will in which no provision is made in contemplation of such marriage, shall be a revocation of his will. Code, § 113-408; Williams v. Lane, 193 Ga. 306 (18 S.E.2d 481). An essential of a valid marriage in this State is "parties able to contract." Code, § 53-101 (1). A previous undissolved marriage renders void an attempted second marriage.

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