In re the Probate of the Will of Kerner

Maximilian Moss, S.

The question for the determination of the court is whether the codicil of March 8, 1956 revived the will of November 23, 1954 and a codicil thereto of December 20, 1954 which had been revoked by the will of July 31, 1955.

The proof adduced establishes that the propounded instruments were executed by decedent and subscribing witnesses in accordance with statutory requirements. The republication of decedent’s 1954 will by the 1956 codicil operated as a revocation of the will dated July 31, 1955. The absence of a revocation clause in the 1956 codicil does not change the result…