pjc-family-2024-lib

W ILL C ONTESTS

PJC 230.9

Identifying document. Any appropriate wording to identify the document may be used in place of the document dated DATE in the question. For example, the docu ment might be identified by its exhibit number. Revocation by implication. The instructions above reflect only the means of revoking a will that are specified in Tex. Est. Code § 253.002. A will may also be revoked by implication, even though there is not a specific revocation clause in a sub sequent will or codicil, but only to the extent that the two wills are inconsistent. See, e.g., Cason v. Taylor , 51 S.W.3d 397 (Tex. App.—Waco 2001, no pet.); Lane v. Sher rill , 614 S.W.2d 619 (Tex. App.—Austin 1981, no writ); Van Hoose v. Moore , 441 S.W.2d 597 (Tex. App.—Amarillo 1969, writ ref’d n.r.e.); Baptist Foundation v. Buchanan , 291 S.W.2d 464 (Tex. App.—Dallas 1956, writ ref’d n.r.e.); Laborde v. First State Bank & Trust Co. , 101 S.W.2d 389 (Tex. App.—San Antonio 1936, writ ref’d). Because the questions and instructions in such cases would depend on the spe cific facts of each case, the Committee has not suggested pattern instructions. Revocation by will not admitted to probate. Even though a will not produced in court is not admitted to probate, it can still be used to show revocation of a prior will. May v. Brown , 190 S.W.2d 715 (Tex. 1945); Brackenridge v. Roberts , 267 S.W. 244 (Tex. 1924); Lisby v. Estate of Richardson , 623 S.W.2d 448 (Tex. App.—Texarkana 1981, no writ).

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