Estate of Lopes

Opinion

BLEASE, J.

This is an appeal from a judgment denying a will admission to probate because it was expressly revoked by a subsequent will. (See Prob. Code, § 1240. 1 ) The original of the subsequent will has not been produced and, by stipulation, it cannot meet one of the conditions imposed by section 350 2 for its admission to probate as a lost or destroyed will. Nonetheless, we hold the revocation clause in the subsequent will may be given effect resulting in the distribution of the estate by the rules of intestacy. We will affirm the judgment.

Facts

Joe Lopes died, a single man, on…