Wilcox v. Rootes

Decided October 15, 1792

Court of Appeals of Virginia · decided 1792-10-15

This cause came on before the District Court of Prince Edward, upon a summons issued by the order of the Court, on the motion of Mrs. Wilcox the widow, and of Susannah Wilcox, the heir at law of Edmund Wilcox, against Philip Rootes and others; requiring them to produce the will of the said Edmund Wilcox / and on a cross motion of the said Rootes and others against Mrs. Wilcox and the heir , at law, to admit the said will to record.

Decided 1792-10-15

The President

¶1delivered the opinion of the Court.

¶2The subsequent marriage and having of a childly as 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, ot 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.(1)

¶3Bates v. Holman, 3 Hen. & Munf. 527. Hughes v. Hughes ex. 2 Munf. 209.