Page:United States Statutes at Large Volume 76A.djvu/658

–562– -562CHAPTER 5—REVOCATION OF WILLS See. 81. Revocation of written will; duplicate wUl. 82. Revocation by subsequent will. 83. Effect on prior will of revocation of subsequent will. 84. Revocation by marriage. 85. Revocation by marriage and birth of issue or adoption of children. 86. Instrument altering interest in property previously disposed of by will. 87. Contract for sale or transfer of property previously disposed of by will. 88. Mortgage or transfer of property previously disposed of by will. 89. Revocation of codicils. 90. Construction of chapter. § 8L Revocation of written will; duplicate will (a) Except as provided in this chapter, a written will, or any part thereof, may be revoked or altered only by: (1) a written will, or other writing of the testator, declaring the revocation or alteration, and executed with the same formalities required for the execution of a will; or (2) being burned, torn, cancelled, defaced, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the testator himself, or by another person in his presence and by his direction; and if the act is done by a person other than the testator, the direction of the testator, and the fact of the injury or destruction, shall be proved by two witnesses. (b) A will executed in duplicate is revoked if one of the duplicates is burned, torn, cancelled, defaced, obliterated, or destroyed under the circumstances specified by subsection (a)(2) of this section. § 82. Revocation by subsequent will A will is not revoked by a subsequent will, unless the latter contains an express revocation, or provisions wholly inconsistent with the terms of the prior will. I n other cases the prior will remains effectual as far as consistent with the provisions of the subsequent will; but the mere naming of an executor in the prior will need not be given effect by the court when the subsequent will is otherwise wholly inconsistent with the terms of the prior will, the intention of the testator in this respect being left to the determination of the court. § 83. Effect on prior will of revocation of subsequent will If, after making a will, the testator makes a second will, the destruction or other revocation of the second will does not revive the first will, unless: (1) it appears by the terms of the revocation that it was the intention to revive and give eft'ect to the first will; or (2) after the destruction or other revocation, the first will is duly republished. § 84. Revocation by marriage If a person marries after making a will, and the spouse survives the maker, the will is revoked as to the spouse, unless: (1) provision has been made for the spouse by marriage contract; or (2) the spouse is provided for in the will, or in such way mentioned therein as to show an intention not to make such provision. Other evidence to rebut the presumption of revocation may not be received. § 85. Revocation by marriage and birth of issue or adoption of children If a person marries after making a will and has issue of the marriage, or marries after making a will and, with his or her spouse, legally adopts a child or children, and any of the issue of the marriage,

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