In re Estate of Carlton

OWEN, Judge.

The question presented is whether a valid written will may be revoked or altered by a subsequent inconsistent nun-cupative will. This appears to be a case of first impression in this jurisdiction.

We hold that it cannot and we therefore reverse the order of the probate court admitting such nuncupative will to probate.

Decedent’s written will was executed four years prior to his death and its validity is not questioned. The written will disposed of the decedent’s entire estate, a substantial part of which consisted of personal property. At the time of his last sickness, decedent…