The Curiosities and Law of Wills

by John Proffatt

[235] Johnston v. Johnston, 1 Phillim. 447.

[236] Wellington v. Wellington, 4 Burr. 2165.

[237] 4 Johns. Ch. 506. Of course, this rule was only good where the issue of the marriage were otherwise unprovided for, or had no means of maintenance.

[238] The law respecting implied revocations was a fruitful source of difficult and expensive litigation, and often defeated the intention of testators, instead of carrying it into effect. Lord Mansfield has said that some of the decisions on this head had brought “a scandal on the law”; and, on another occasion, he remarked “that all revocations not agreeable to the intention of the testator are founded on artificial and absurd reasoning.” 3 Burr. 491.

[239] Ash v. Ash, 9 Ohio, 383; Stat. Ohio, (1831) p. 243; Stat. Ind. 1821; Stat. Ill. 1829; G. Laws, Conn. p. 370, last edition.

[240] 4 Kent, 525; Cal. Civ. Code, 1306.

[241] 4 Kent, 526.

[242] Sec. 1307.

[243] Gage v. Gage, 9 Foster, 533.

[244] 2 Rev. Stat. 64.