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Revocation And Revival Of Wills In Virginia, James H. Barnett Jr.

University of Richmond Law Review

Kate Miller Levring executed two wills, the first in 1954, the second in 1955. The latter contained an express revocation clause. Following her death the second will which was last traced to her possession could not be found, thus giving rise to a strong presumption that she had destroyed it with intent to revoke. In an inter-partes proceeding, the executor named in the first will, offered that will for probate. Probate was contested by certain next of kin of the deceased. The only evidence introduced was a statement by the decedent that she planned to make certain undisclosed changes in …