Page:United States Statutes at Large Volume 47 Part 1.djvu/1194

 1 170 72d CONGRESS. SESS. II. CH. 128 . FEBRUARY 27. 1933. testator, and the fact of. such injury or destruction, must be proved by two witnesses. When in dni llcate. ,SEC. 331 . REVOCATI ON 'OF DU PLIC ATE .- The revo cat ion of a wil l, ex ecu ted in d upli cate , may be ma de by re voki ng one of the d upli cate s. By subsequent will. ,SEC. 332 . REVOCATION BY SUB SEQ UENT wuL .-A prior will is not revoked by a subsequent will,, unless the latter contains an express revocation, or provisions wholly inconsistent with the terms of the former will ; but in other cases the prior w ill remains effectual so far as consistent with the provisions of the subsequent will. Antecedent not re- ,SEC. 333. ANTECEDENT NOT REVIVED BY REVOCATION OF SUBSEQUENT vived by revocation of subsequent will. WILL .-If, after making a will, the testator duly makes and executes a second will, the destruction, cancellation, or revocation of s uch sec- ond will does not revive the frst will, unless it appears by the terms of su ch revocation tha t it was the inte ntion to revive and give effect to the first will, or unless, after suc h destruction, c ancellation, or revocation, the first will is duly republished. By b irth mar riage and SEC. 334. REVOCATION BY MA RRIAGE AND BI RTH OF ISSUE .-If, after of issue„ having made a will, the testator marries, and has issue of such ma r- riage, born either in his lifetime or after his death, and the wife or issue survives him, the will is revoked, unless provision has been made for su ch issue by some settlement, or unless su ch issue are provided for in the wi ll, or in su ch way ment ione d th erei n as to sho w an int enti on not to ma ke s uch pro visi on ; and no other evidence to reb ut the presumption of such revocation can be received. marri~geeof man ed by SEC. 335. EFFECT OF MARRIAGE OF MAN ON HIS WILL .-If, a ft er mak- ing a will, the testator marr ies, and the wife survives the testator, the will is revoked, unless provision has been made for her by marriage contract, or unless she is provided for in the will, or in such way men- tione d therein as to show an intentio n not to make. su ch provision ; and no other evidence to rebut the presumption of revocation can be received. Of woman. SEC. 336 . EFFECT OF MARRIAGE OF WOMAN ON HER 'WILL.-If, aft er makin g a will, the te statrix marries, and the husban d. survives the testa trix, the will is revoked unless p rovision has bee n made for hum by ma rria ge c ontr act, or unl ess he is pr ovid ed for in the w ill, or in such way,mentioned therein as to show an intention not to make such provision ; and no other evidence to rebut the presumption of revoca- tion can be received. Revocation by mar- SE C. 337 . RE VOC ATIO N BY MA RRIA GE AND BIRTH OF IS SUE .-If, after riage and birth erissue. making a will , the te stat rix mar ries , and has is sue of said mar riag e, born either in her li fetime or after her death, and the husband or issue survives her, the will is revoked, unless provision has been ma de for such iss ue by so me settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make suc h provision and no ot her evid ence to rebu t the presumption of such revocation can be received. Contract of sale not SEC. 338. CONTRACT OF SALE NOT REVOCATION .-An agreement made revecatione by a testator, for the sa le or transfer of property disposed of by a wi ll previously mad e, does not revok e such disposal ; but the pr operty passes by the wi ll, subj ect to the same reme dies on the tes tato r's agre e- ment, for a specific performance or otherwise against the legatees, as might be had against the testator's successors, if the same had passed by succession. Mortgage. SEC. 339 . MORTGAGE NOT REVOCATION OF WILL.-A charge or encum- br ance upon anx es tate, for the pu rpose of securin g the payment of money or the performance of any covenant or agreement, is not a revocation of any will relating to the same estate which was previously executed ; but the legacies therein contained must pass, subject to such charge or encumbrance,