In re the Estate of Diament

The opinion of the court was delivered by

Swayze, J.

The question arises on the offer to probate the will and codicils of Charles G. Diament. The orphans court admitted to probate the will and the two earliest codicils and rejected the last codicil.

The prerogative court affirmed the decree.

*553The last codicil was not produced. "VVe are satisfied, as the lower courts were, that the testator destroyed this codicil with intent to revoke it. The question presented is what effect this had upon the will and the two earlier codicils. The case was treated in the lower courts and argued here as if it were…