Wills – Revocation by Change in Circumstances – Effect of a Separation and Property Settlement Agreement

Testator’s will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow’s offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a divorce alone nor a property settlement alone will work a revocation by operation of law because of the change in circumstance, a separation and property settlement agreement will not do so. Price v. Price, (Tenn. App. 1954) 269 S.W. (2d) 920.