Brief Fact Summary. Testatrix mistakenly believed her son was dead when she executed her will. Appellants contend that the will was void because of such mistake.
Synopsis of Rule of Law. A mistake, not appearing on the face of a will, will not operate to revoke such will.
Issue. Did the testatrix mistake in believing her only heir, her son, was dead operate to revoke her will in which she failed to include him?
Held. No. For a mistake to revoke a will the mistake must appear on the face of the will and it must also appear what would have been the testatrix intent but for the mistake.
Discussion. The Court notes that it is apparent that the testatrix would have made the same will and dispositions have she known her son was living as she did not intent to give him anything.