- 23 - While revocation of a will cannot be established by proof of parol declarations by the testator, * * * a clause in a later written instrument, properly executed by the testator, expressly revoking a former will is not rendered ineffective merely by the loss or destruction of the instrument which contains it, and proof of the revocation clause in a later lost or destroyed will may be made by parol. Probate of the former will may be defeated upon proof of the execution of the later writing by the testator, which contained a clause revoking the prior will, and the loss or destruction of the later instrument, without proof of the rest of the contents of the lost or destroyed instrument. * * * The intestate heirs challenging the will in Driver v. Sheffield, supra at 767, specifically alleged that the later will was executed in due form and contained a clause revoking any prior wills. Hence, based on the rule quoted above, the court reversed an earlier decision which had dismissed the challenge. See id. The Supreme Court of Georgia then further elucidated the meaning of this holding by subsequently opining in another alleged revocation case: “We note that had there been sufficient proof that the 1981 will was validly executed and had been revoked by destruction, the 1975 will would not have been revived absent republication. OCGA � 53-2-73; Driver v. Sheffield, 221 Ga. 316, 85 S.E.2d 766 (1955).” Rawlins v. Hulme, 425 S.E.2d 861, 862 n.1 (Ga. 1993). These judicial pronouncements convince us that where, as here, a record is devoid of any evidence going to the existence of an explicit revocation clause or the elements of proper execution (i.e., witnesses and other formalities), or even anyPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011