Armstrong Ex Rel. Martin Ex Rel. Martin v. Armstrong

Tbe single question presented by tbis appeal is whether tbe codicil revokes by implication tbe original devise to Woodie C. Armstrong of tbe 38% acre tract of land (less 5 acres to be cut off for another devisee) and limits bis devise to 10 acres thereof, thus leaving tbe residue of approximately 23% acres as undevised real estate belonging to tbe beirs at law of William H. Armstrong as tenants in common as in case of intestacy.

Ordinarily, for tbe purpose of determining testamentary intention, a will and codicil thereto are to be treated as a single and entire instrument, taking effect at tbe…