Estate of Patterson

I concur in the judgment. As pointed out in the foregoing opinion, the Washington statute provides that “a divorce subsequent to the making of a will shall revoke the will as to the divorced spouse.” I think that this provision of the statute should be construed so as to give some meaning to the phrase “as to the divorced spouse.” If appellants’ contention be correct, the phrase has no meaning at all. It seems clear that the legislature intended that a party against whom a divorce had been granted for his or her misconduct should not be permitted to profit by the terms of a will made during the period of the marriage by the innocent spouse in whose favor the divorce was granted. While some Washington decisions hold, as well they might, that when a decree of divorce has been entered both parties are divorced, yet I do not understand that any of those decisions referred to or in any way involved the construction of the provision of the statute above quoted.

Upon the other questions discussed in the foregoing opinion I am in accord therewith.

A petition by appellant to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the…

The facts herein appear to be as follows: That on the eleventh day of April, 1916, at Seattle, in the state of Washington, the deceased, A. A. Patterson, executed his will in favor of his wife, Martha Isabelle Patterson, and at the same time and place Martha Isabelle Patterson executed her will in favor of her husband; that on March 9, 1920, a decree of divorce was rendered in favor of Martha Isabelle Patterson and against A. A. Patterson by a court of record and of general jurisdiction in the state of Washington, which said court had jurisdiction of the parties and the subject matter; that prior to the rendition of a decree in said divorce action the parties effected a settlement of their property rights, which settlement was confirmed and adopted by the said court as being in full of all claims of plaintiff and defendant each against the other; that a division of all the property of the parties was made in accordance with said property settlement, and thereafter the deceased, A. A. Patterson, converted all his personal property into money and removed to Los Angeles, California, where he died on November 6, 1921; that the divorced wife, Martha Isabelle Patterson, following said…