WILLS-RESTORATION OR REVIVAL OF A WILL UPON THE REVOCATION OF A SUBSEQUENT INSTRUMENT REVOKING THE PRIOR WILL

Authors

Abstract

A recent Pennsylvania case, In re Ford's Estate, is an interesting example of a situation which has left the courts in decided conflict. The decedent had properly executed two wills. On his death bed he caused the later will, which contained the usual clause expressly revoking all prior instruments, to be torn. At the time he stated that he wished his son, his only heir at law and next kin, to have all his property. The evidence indicated that the decedent had entirely forgotten the existence of the prior will. The court, relying upon the expression of the decedent's intent, and upon a statute providing for the revocation of a will by a will, codicil, or "other writing" properly executed, held the decedent to have died intestate.

Recommended Citation

WILLS-RESTORATION OR REVIVAL OF A WILL UPON THE REVOCATION OF A SUBSEQUENT INSTRUMENT REVOKING THE PRIOR WILL, 29 Mich. L. Rev. 1031 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss8/5