Driver v. Sheffield

Hawkins, Justice.

1. A will, having no effect until the death of the testator, is necessarily revocable by him at any time before his death. Code § 113-401.

2. The revocation of a will may be either express or implied. An express revocation is effected when the maker by a writing annuls the instrument, and takes effect instantly or independently of the validity or ultimate fate of the will or other instrument containing the revocation. Code § 113-402.

3. When a will has been expressly revoked by a subsequent will executed with the same formality and attested by the same number of witnesses as…