WILLS - EFFECT OF CODICIL TO HOLOGRAPHIC WILL WHICH HAD PREVIOUSLY BEEN REVOKED BY AN ATTESTED INSTRUMENT

Authors

Charles G. Schwartz, University of Michigan Law SchoolFollow

Abstract

In June, 1927, testator executed a holographic will leaving his estate to the defendant, a second cousin. The following year he executed a duly attested will giving his estate, consisting of an undivided interest in realty, to his wife, and containing an express clause revoking all former wills. His final testamentary act was to add an annotation to the holographic will, set off by a rough bracket, bequeathing one dollar each to his wife and his niece. The codicil to the holographic will was dated, signed, and in his own handwriting. Held, the holographic will, together with the codicil, should be admitted to probate to the exclusion of the attested instrument. By his final act the testator intended to adopt the original will as subsequently modified as his last testament. In re Cazawang's Estate, 42 Cal. App. (2d) 796, 110 P. (2d) 138 (1941).

Recommended Citation

Charles G. Schwartz, WILLS - EFFECT OF CODICIL TO HOLOGRAPHIC WILL WHICH HAD PREVIOUSLY BEEN REVOKED BY AN ATTESTED INSTRUMENT, 40 Mich. L. Rev. 770 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss5/20