Estate of Derruau

This is an appeal by Maurice Derruau, one of the heirs of Elie Derruau, deceased, from the decree of final distribution herein.

In 1929, Elie Derruau made his will and thereafter in 1930 married Marie Couralet, who survived him upon his death in 1932. Prior to 1931 and at the time of the testator’s marriage, section 1299 of the Civil Code provided: “If, after making a will, the testator marries, and the wife survives the testator, the will is revoked, unless ...” In 1931 said section was repealed. At that time a new section designated as section 70 of the Probate Code was adopted and was in force at the time of the testator’s death. The new section provided: “If a person marries after making a will, and the spouse survives the maker, the will is revoked as to the spouse, unless ...” (Italics ours.) It will be seen at a glance that the original section provided for a total revocation while the new section provided for a partial revocation, viz., a revocation only as to the surviving spouse. The testator’s will herein was admitted to probate and by the decree of final distribution the estate was distributed thereunder except that said will was treated as revoked as to the surviving…