In Re Mercure Estate

216 N.W.2d 914, 391 Mich. 443, 1974 Mich. LEXIS 146

Opinions

M. S. Coleman, J.

I concur in the result, but am of the opinion that the cases cited are not applicable to the present set of facts. The cases discussed involved wills written prior to the filing of divorce proceedings and to the execution of property settlement agreements.

In this case, the will was executed after the parties had signed a property settlement agreement. Decedent made no reference in this will to plaintiff as his wife but devised his estate to Vera Evelyn Mercure (plaintiff’s name at that time). The facts raise no presumption that the will should be revoked by operation of the divorce. The intent of the testator is clear.

T. M. Kavanagh, C. J., and Swainson, Williams, Levin, and J. W. Fitzgerald, JJ., concurred with M. S. Coleman, J.