In re the Probate of the Will of Levin

Christopher C. MoG-rath, S.

In this probate proceeding it is undisputed that the testator validly executed a will and four codicils.

It appears that shortly before the testator left his residence to enter the hospital in which he died, he executed a fourth codicil. This instrument made certain directions and then stated that “ the codicil dated the 14th day of May, 1954 [first codicil] is herewith cancelled and of no force and effect, it being my intention that this codicil is to supersede the provisions of the codicil dated the 14th day of May, 1954 [first codicil].”

After the execution of the…