Phillips v. Smith

On Rehearing.

The decisive issue in the cause presented is whether the revocation clause contained in the second will, which was nonoperative in all respects as a testamentary disposition of property, served to revoke a prior approved will under which restricted property was devised to one Phillips.

A quarter of a century ago, this court held, in Chesnut v. Capey, 45 Okla. 754, 146 P. 589, as applied to a full-blood Indian’s will of the same tribe (Choctaw) “That the will executed August 16, 1913 (The second will unapproved as required by act of Congress) was void, and that the revocatory…