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PAPEN v. PAPEN

Record No. 750664.

224 S.E.2d 153 (1976)

216 Va. 879

Alice Clayton PAPEN, Individually, etc., et al. v. Marie-Berthe PAPEN.

Supreme Court of Virginia.

April 23, 1976.

Attorney(s) appearing for the Case

Dexter C. Rumsey, III, White Stone (Ammon G. Dunton, Sr., Dunton, Simmons & Dunton, White Stone, on briefs), for appellants.

F. Warren Haynie, Jr., Heathsville (Hyde & Haynie, Heathsville, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COCHRAN, Justice.

This appeal presents the question, of first impression for us, whether a will executed by a married man was revoked by the provisions of Code § 64.1-59 (Repl.Vol.1973),1 enacted after his divorce but before his death.

On August 27, 1940, in Maryland, Herman A. Papen executed his will, in which he devised and bequeathed his entire estate to his wife, Alice Clayton Papen, and appointed her executrix thereunder...

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