In Re Smith Estate

Petitioner, Helen Kehrwecker, appeals from the Ottawa County Probate Court’s order denying admission of a will and a codicil of Raymond N. Smith. The probate court found that the presumption of revocation applied to the decedent’s October 20, 1980, will and precluded its admission to probate. The court also held the presumption applicable to the November 22, 1980, codicil, finding that the codicil was wholly dependent on the prior will and had no significance in its own right. We hold that the codicil was a valid testamentary instrument and that the court erred in denying its admission to…