In re the Will of Cable

Headnote

Will — revocation of provisions of codicils by subsequent codicil after-wards destroyed — destruction of revoking codicil did not revive revoked provisions — such provisions revived by subsequent codicils ratifying and confirming will.

Matter of Cable, 213 App. Div. 512 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 2, 1925, which affirmed a decree of the Delaware County Surrogate’s Court admitting certain writings to probate as the last will and testament of Newell Cable, deceased. The writing consisted of the will and eleven codicils. By another codicil, duly executed and published, but afterwards burnt by testator in the presence of witnesses, at which time he made the statement, “ I have the thing back as I want it now,” testator revoked certain provisions in codicils previously made. It was held that the burning of the codicil did not revive the revoked

provisions but that such provisions were revived by a clause in subsequent codicils reading: “And I hereby ratify and confirm my said last will and testament in every respect save in so far as any part of the same is inconsistent with this codicil.”