Duncan v. Duncan

The question which we propose first to consider, is, whether the proof of a codicil written upon the same paper, and referring to the will, when proved, is a sufficient authentication, to give effect to such portions of a will as are not revoked by the codicil. In the case of Haven v. Foster, 14 Pick. 534, it is held that the proof of such a codicil establishes the will, and the court say that “ Whatever may have been the difference of opinion amongst eminent judges, in regard to the correctness of the rule in question, we consider it well settled upon satisfactory authorities, commencing…