Lones

This is a contest of a will in which the contestants recovered a judgment. The appeal is from an order refusing á new trial.

The deceased made a will in 1856, and another in 1884, which in terms revoked the will of 1856, and another in 1885 which in terms revoked all former wills. He died in 1893, and the will of 1856 was duly admitted to probate, but within the year the plaintiffs, who are heirs of the decedent, inaugurated this contest.

The fact of the execution of the subsequent wills, and that they in terms revoked former wills, xvas established beyond question. The defendant William B. Lones, however, who was executor and the sole beneficiary of the will of 1858, contends that in the cancellation of the will of 1885 the testator revived the will of 1856.

The court found against this contention, and the statement does not contain an iota of testimony tending even in a remote degree to prove that at the time of the revocation of cancellation of the will of 1885 the testator intended to revive any former will. The testimony does not show when or how that will was canceled, and, of course, there could be no evidence tending to prove that “ by the terms of such revocation” the…