Law of Wills, 2016A

and his friend. Decedent did state, however, that there was something for Hanck and the nurse,
which statement can only be explained by the fact that Hanck and the nurse were both named in the
second sheet.
Both sheets of paper are admittedly in the handwriting of decedent. They were written with a pencil.
The appearance of the writing on the second sheet indicates that it was written ‘under poor
conditions’ as was the witnesses writing. This and other circumstances indicate that both writings
were completed at or about the same time. The two writings are connected by sequence of thought
and plainly indicate that they were both intended by the testator to constitute a codicil to his will.
The respondent’s contention that the decision in this matter involves the principle of incorporation
by reference and not integration is without merit.
Order reversed.
Problems
1. On November 2, 2015, John executed a three-page will. On November 10, 2015, John’s attorney
discovered a typo on the second page of the will. The attorney had his wife re-type the second page
and substituted it for the one that was originally attached. Is the re-typed page a part of John’s will?
2. On April 14, 2014, Karen executed a one page will. After the will was signed and witnessed,
Karen stapled a second sheet to it, folded the two pages and put them in an envelope. Then, she had
her sister mail the envelope to her attorney. Is the second sheet a part of Karen’s will?
3. On October 18, 2015, Malcolm executed a will consisting of ten pages. Malcolm gave the will to
his attorney for safe keeping. On November 2, 2015, Malcolm mailed his attorney two pages with a
note saying, “please add these pages to my will.” Are the two pages a part of Malcolm’s will?
13.4 Republication by Codicil
Restatement (Third) of Property (Wills & Don. Trans.) § 3.4 (1999)
A will is treated as if it were executed when its most recent codicil was executed, whether or not the
codicil expressly republishes the prior will, unless the effect of so treating it would be inconsistent
with the testator's intent.
Most jurisdictions have adopted some version of the above-stated rule. A codicil is a
supplement or an addition to a will. Even if the testator refers to the instrument as a will, courts will
treat it as a codicil if it does not make a complete disposition of the testator’s property. The
revocation of a codicil does not revoke a will. However, the revocation of a will revokes all of its
codicils.
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