Matter of Estate of Ausley

The Court correctly expounds the applicable law on revocation of wills and the related doctrine of dependant relative revocation. I dissent only from the majority’s refusal to apply the latter doctrine to the facts before us. The beneficiaries in the old, cancelled will were the same beneficiaries as in the draft of the new, intended will. Only the percentages these beneficiaries were to receive were changed. Some seven heirs at law, all of whom will prosper from the majority’s treatment, were left out of both Mr. Ausley’s testamentary efforts.

The doctrine of dependant relative revocation, as…