Mary H. Remon and Ruth R. Wenzel v. American Security and Trust Company, Estate of John Allen Remon, Deceased

DANAHER, Circuit Judge.

The District Court, holding a Probate Court, ruled that where a second codicil republishes a will, a first or intermediate codicil “falls by the wayside.” The testator’s wife and daughter who had been named executrices in the first codicil bring this appeal.

John Allen Remon executed his will on March 24, 1951, in which he named American Security & Trust Company (herein, the Bank) as Executor and also as Trustee as to certain trusts created with substantial detail. On March 4, 1959, he published a “First Codicil,” reciting that whereas he had named the Bank as Executor…