Timberlake v. State-Planters Bank of Commerce & Trusts

*951The question for decision in this case is whether a will duly executed and in existence when the testatrix died had been revoked by a subsequent will, also duly executed, which contained a revocation clause but which had been destroyed and was not in existence at the death of the testatrix. The answer is in the proper interpretation of § 64-59 of the Code,1 considered in connection with § 64-60.2

The testatrix, Kate Miller Levering, made two wills, both executed and attested in accordance with statute, § 64-51, and left them both in the custody of the Trust Department of a Richmond bank, which…