Wilcox v. Rootes

Court of Appeals of Virginia

Wilcox v. Rootes

1 Va. 140

DecidedOctober 15, 1792

StatusPublished

This text of 1 Va. 140 (Wilcox v. Rootes) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilcox v. Rootes, 1 Va. 140 (Va. Ct. App. 1792).

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Opinion

The PRESIDENT

delivered the opinion of the court.

The subsequent marriage, and having of a child, was clearly an implied revocation of the will, and ought to operate as such; since the testator did not after those events took place, republish his will, or signify an intention, that it should be established, or have any force or effect after that period: that his mind upon this subject, was otherwise inclined, appears clearly from the evidence stated in the record. The judgment must therefore be reversed, without prejudice to any written or nuncupative will, made after the marriage and birth of the child, which may be offered, and proved according to law.

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The PRESIDENT

delivered the opinion of the court.

The subsequent marriage, and having of a child, was clearly an implied revocation of the will, and ought to operate as such; since the testator did not after those events took place, republish his will, or signify an intention, that it should be established, or have any force or effect after that period: that his mind upon this subject, was otherwise inclined, appears clearly from the evidence stated in the record. The judgment must therefore be reversed, without prejudice to any written or nuncupative will, made after the marriage and birth of the child, which may be offered, and proved according to law.

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Bluebook (online)

1 Va. 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilcox-v-rootes-vactapp-1792.