[255] Mod. 203.
[256] 1 Cowp. 87.
[257] Nelson v. McGiffert, 3 Barb. Ch. 162. In some States this is settled by statute. Thus, in California, an antecedent will is not revived by the revocation of a subsequent will unless an intention appear: Civil Code, 1297. The same in New York: 2 Rev. Stat. 66.
[258] Wms. Exrs. 136 and cases cited. The general effect of a subsequent will in revoking one of an earlier date, by reason of its inconsistent provisions, is very extensively discussed in the late and important case of Colvin v. Warford, 20 Md. 357.
[259] Brown v. Brown, 8 El. & Bl. 876.
[260] Howard v. Davis, 2 Binney, 406; Jackson v. Betts, 6 Cow. 483; Steele v. Price, 5 B. Mon. 58; 8 Met. 486.
[261] 7 B. Mon. 408.
[262] 8 Watts & Serg. 275.
[263] Wharram v. Wharram, 10 Jur. N. S. 499. A will and codicil were torn to pieces by a testator’s eldest son, after the death of his father; the pieces were saved, by which, and by oral evidence, the court arrived at the substance of those instruments, and in effect pronounced for them. Foster v. Foster, 1 Addams, 462.
[264] Patch v. Graves, 3 Denio, 348; 28 Vt. 274.