Estate of Dunn

The question upon which this appeal may be determined is whether an instrument admitted to probate as a codicil to a holographic will does in fact revoke certain legacies mentioned in the original will.

Frank Dunn, sometimes referred to as Frank M. Dunn, deceased, left a will directing that payment of certain sums of money in designated banks should be “apportioned” to two sisters and a nephew in the amounts of $2,000, $500 and $100 respectively, with a further direction that “all cash remaining after these bequests have been distributed and expenses paid, I leave to my wife Violet L. Dunn”. A specified sum of money and clothing was bequeathed to his brother, but these items were scratched out. The intention of the testator when he signed the holographic will was to apportion specific items of his estate to the individuals named. The codicil, dated approximately three years later, is in part as follows: “In case of accident or death all stock owned by me is hereby given to my wife Violet L. Dunn.” Thereafter shares of stock in certain named corporations are listed, and under the caption “Money on Deposit”, the names of three banks appear. In two instances, opposite, and in…