WILLS-EXECUTION AND REVOCATION OF DUPLICATE WILLS

Authors

Richard F. Hooker, University of Michigan Law School

Abstract

Testatrix executed three identical copies of her will. Counsel advised her that in the event she should desire to make a new will she must destroy "both copies of the will in her possession and he would 'definitely destroy the copy' which he retained.'' Thereafter, testatrix destroyed one of the two copies retained by her and struck out an objectionable devise in the other copy. Testatrix made no attempt to alter or destroy the third copy, although she was in temporary possession of it at a later date. The legatee (plaintiff) was successful in setting aside the decree of final settlement of the decedent's estate according to the laws of intestacy, and he secured an order that the altered copy of the will be probated. The administratrix (defendant) appealed, alleging the court erred in not finding a revocation. Held, affirmed. Roberts v. Fisher, (Ind. App. 1951) 98 N.E. (2d) 215, rehearing denied 98 N.E. (2d) 918.

Recommended Citation

Richard F. Hooker, WILLS-EXECUTION AND REVOCATION OF DUPLICATE WILLS, 50 Mich. L. Rev. 627 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss4/22