Estate of Paul

Petitioners, children of decedent by a former marriage, filed a petition for determination of heirship, raising the question as to whether decedent’s will was revoked as to his after-acquired spouse under section 70, Probate Code.

Facts

There is no dispute as to the facts. In 1968 decedent and Marion Paul were divorced; petitioners are children of that marriage. Thereafter, on November 21, 1968, decedent executed a will; seven days later, on November 28, 1968, he married Patty Sue Paul. Decedent died on June 27, 1971, leaving as his sole heirs at law, his two children by his former marriage (petitioners; respondents on this appeal), and Patty, his after-acquired spouse (appellant on this appeal).

Decedent’s will was admitted to probate. The will is on a printed form with handwritten insertions. We quote the pertinent parts, underscoring the insertions:

“First: I declare that the members of my immediate family, including my wife and children, both living and deceased, are as follows:

Patty Sue Paul

"My son by previous marriage . Robert Jay Paul

"My daughter by previous marriage Barbara Sharon Gordon

“Second: I hereby give, devise and bequeath, all my property to…