Corker
Corker v. Corker
Opinion
Lead Opinion
Harrison, J.
John R. Corker died in the county of Los Angeles September 12, 1889, leaving a writing purporting to be his last will, which was executed December 12, 1883; and on September 18, 1889, John F. Corker, who was named therein as executor, presented the same to the superior court of said county, together with his petition for its probate, and the issuance to him of letters testamentary thereon. To this petition the respondent, Aurelia J. Corker, filed written opposition, alleging that the said will had been revoked by reason of the marriage of the decedent to her, subsequent to its execution, and that no provision had been made for her, either in the will or by marriage contract. To this opposition the petitioner answered, alleging that after such marriage, and prior to the 9th of October, 1888, the decedent and contestant mutually1- agreed to separate and live apart, and “in pursuance of said agreement, the said John R. Corker and Aurelia J. Corker, on said ninth day of October, 1888, entered into a marriage contract or agreement, in writing,” under their hands and seals, which was duly acknowledged and recorded in the office of the county recorder of Los Angeles County; and that in…