59-612. Revocation of second will not revivor of first, when. If the testator shall make a second will, the revocation of the second will shall not revive the first will, unless it appears by the terms of such revocation that it was the testator's intention to revive the first will, or unless after such revocation the testator shall duly republish his or her first will in the presence of two or more competent witnesses who shall subscribe the same in the presence of the testator.
History: L. 1939, ch. 180, ยง 48; July 1.
Source or prior law:
22-242.
Law Review and Bar Journal References:
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).
CASE ANNOTATIONS
1. Evidence of second will insufficient to prove revocation of former will. In re Estate of Rinker, 158 Kan. 406, 416, 147 P.2d 740.
2. Discussed; court's jurisdiction to vacate order after 30 days under K.S.A. 59-2213 determined. In re Estate of Lillibridge, 161 Kan. 93, 98, 166 P.2d 720.
3. Oral testimony cannot nullify existing written will. In re Estate of Koellen, 162 Kan. 395, 403, 176 P.2d 544.
4. Evidence of intent to revive will insufficient; statute discussed; proceeding to probate previously revoked will. In re Estate of Moore, 166 Kan. 556, 559, 560, 561, 203 P.2d 192.
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