Estate of DALE SMITH, Deceased. DULCIE MAY SMITH, et al., Petitioners and Appellants, v. RALPH R. ATKINSON, as Executor, etc., et al., Claimants and Respondents

Holding

The court held that the no-contest clause in the decedent's will could not, as a matter of law, demonstrate an intent to disinherit a pretermitted heir, and that extrinsic evidence was inadmissible to prove such an intent to disinherit, requiring reversal of the order denying the daughter's claim. The court further held that the presumption of the validity of a subsequent marriage applied even when asserted by strangers to the marriage, and that the trial court did not abuse its discretion in denying a continuance to the purported surviving spouse, affirming the order against her claim.