Estate of Lopes

This is an appeal from a judgment denying a will admission to probate because it was expressly revoked by a subsequent will. (See Prob. Code, § 1240. ) The original of the subsequent will has not been produced and, by stipulation, it cannot meet one of the conditions imposed by section 350 for its admission to probate as a lost or destroyed will. Nonetheless, we hold the revocation clause in the subsequent will may be given effect resulting in the distribution of the estate by the rules of intestacy. We will affirm the judgment.

Facts

Joe Lopes died, a single man, on January 29, 1981. He left an estate valued at $18,000. Joseph Vernon Lopes (Joseph), Joe Lopes’ only child, successfully petitioned for letters of administration on the premise his father died intestate. Antonio Lopes (Antonio) petitioned for probate of a will of Joe Lopes executed on March 5, 1977 (the 1977 will) which names him as executor and would distribute the estate in his favor.

By stipulation of the parties, both the 1977 will and a subsequent will executed on January 22, 1979, were validly executed. There is no challenge to the authenticity of the copy of the 1979 will. It is stipulated the 1979…