ESTATE OF McKIDDY

No. 17861-0-I.

47 Wn. App. 774 (1987)

737 P.2d 317

In the Matter of the Estate of ROBERT P. McKIDDY. SUSAN L. RUDOLPH, Appellant, v. FLORENCE McKIDDY, Respondent.

The Court of Appeals of Washington, Division One.

May 26, 1987.


Attorney(s) appearing for the Case

William A. Gould, Perkins, Coie, Stone, Olsen & Williams, and Joseph A. Moschetto, for appellant.

Terrence L. Burns, Burns & Ells, and Wayne R. Parker, for respondent.


DORE, J.*

RCW 11.12.050 provides that a will executed prior to marriage is deemed revoked as to the surviving spouse unless the spouse is provided for or mentioned in the will or unless provision has been made for the surviving spouse by marriage settlement. We hold that a void prenuptial agreement cannot constitute a "marriage settlement" for the purpose of rebutting the presumption of revocation...

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