In Re Smith Estate

D. E. Holbrook, Jr., P.J.

(dissenting). I respectfully dissent. I agree with the majority in that it is proper to presume that the October 20, 1980, will was revoked. However, I do not believe that the codicil of November 22, 1980, should be admitted to probate.

The majority relies upon MCL 700.12; MSA 27.5012, which provides in pertinent part that:

"(3) 'Will’ includes codicil and any testamentary in*639strument which merely appoints an executor or revokes or revises another will.”

I do not agree that the codicil1 in the instant case was ever intended to stand alone as a will. Our primary duty is to…