Withdrawal of a will from probate does not revive a prior will

After the decedent’s 2001 will was admitted to probate, the nominated executor withdrew the will from probate and offered the decedent’s 1973 will for probate.  The 2001 will included a clause revoking all prior wills.  The 1973 will was then admitted for probate.

   

On appeal, the court held that if the 2001 was validly made and executed, the 1973 will was revoked and not entitled to probate.  Estate of Woodfield, No. 2004-CT-00238-SCT, 2007 WL 3197739 (Miss. Nov. 1, 2007).