revocation of will

The annulment of a will, making it speak for nought in whole or in part, by a clause in a later valid will by an inconsistent disposition of property in a later valid will or codicil, or by tearing, cutting, burning, obliterating, erasing and defacing the instrument with intent to annul or cancel it. 57 Am J1st Wills §§ 455 et seq. The revocation of a will consists of two things, -the intention of the testator, and some outward actor symbol of destruction. A defacement, obliteration, or destruction, without the animo revocandi, is not sufficient. Neither is the intention-the animo revocandi-sufficient without some act of obliteration or destruction. Cutler v Cutler, 130 NC 1, 40 SE 689. The difference between a revocation and an alteration of a will is that if what is done simply takes away what was given before, or a part of what was given before, then it is a revocation; but if it gives something in addition, or gives something else, then it is more than revocation, and cannot be done by mere obliteration. When by obliteration of certain words a different meaning is imparted, there is not a mere revocation. There is something more than the destruction of that which has been antecedently done. There is a transmutation by which anew clause is created. See Miles' Appeal, 68 Conn 237, 36 A 39. See dependent relative revocation; implied revocation.