Estate of Henry A. Lassiter, deceased, Paula Ann Masters Lassiter, administrator, C.T.A. - Page 22

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                    (b) An express revocation is effected when the                      
               maker by writing or action annuls the instrument.  It                    
               takes effect instantly, independently of the validity                    
               or ultimate fate of the will or other instrument                         
               containing the revocation.                                               
                    (c) An implied revocation results from the                          
               execution of a subsequent inconsistent will.  It takes                   
               effect only when the subsequent inconsistent will                        
               becomes effectual.  If, from any cause, the subsequent                   
               inconsistent will fails, the implied revocation is not                   
          Ga. Code Ann. section 53-2-73(a) (1997) then further provides:                
          “An express revocation by written instrument shall be executed                
          with the same formality and attested by the same number of                    
          witnesses as are requisite for the execution of a will.”                      
               Applying these principles to the matter at bar, we first                 
          conclude that no implied revocation has occurred.  If Mr.                     
          Lassiter in fact executed a will or codicil merely inconsistent               
          with the disposition in the 1970 will, but not explicitly                     
          revoking the earlier instrument, such revocation has never been               
          completed because the later document, having been lost or                     
          destroyed without a trace, never became effectual.                            
               We thus turn to whether the estate’s statements are                      
          sufficient to establish an express revocation under Georgia law,              
          and we again conclude that they are not.  As regards the type of              
          proof necessary to show express revocation, the Supreme Court of              
          Georgia explained in Driver v. Sheffield, 85 S.E.2d 766, 767 (Ga.             

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