No will or any part thereof which shall be revoked, or which shall be or become invalid, can be revived otherwise than by a reexecution thereof, or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference.
This section would seem to preclude the application of the doctrine of dependent relative revocation in Arkansas. Larrick v. Larrick, 271 Ark. 120, 607 S.W.2d 92 (1980).
Destruction of Later Will.
The appellant was incorrect that, if a later will was destroyed, then an earlier will, under which she took, would be revived; a will that has been revoked can only be revived by re-execution or the execution of another will in which the revoked will is incorporated by reference. Matheny v. Heirs of Oldfield, 72 Ark. App. 46, 32 S.W.3d 491 (2000).
Effect of testamentary gift to child conditioned upon specified arrangements for parental control. 11 A.L.R.4th 940.
Gift to persons individually named but also described in terms of relationship to testator or another as class gift. 13 A.L.R.4th 978.
Joint and mutual wills. 17 A.L.R.4th 167.
Validity of testamentary exercise of power of appointment by donee sane when will was executed but insane thereafter. 19 A.L.R.4th 1002.
What passes under terms “furniture” or “furnishings” in will. 21 A.L.R.4th 383.
Validity and enforceability of provision of will or trust instrument for forfeiture or reduction of share of contesting beneficiary. 23 A.L.R.4th 369.
Ademption of bequest of debt or balance on debt. 25 A.L.R.4th 88.
Effectiveness of change of named beneficiary of life or accident insurance policy by will. 25 A.L.R.4th 1164.
“Child” or “children” in will as including grandchild or grandchildren. 30 A.L.R.4th 319.
Sufficiency of provision for, or reference to, prospective spouse to avoid lapse or revocation of will by subsequent marriage. 38 A.L.R.4th 117.
Effect of impossibility of performance of condition precedent to testamentary gift. 40 A.L.R.4th 193.
Living wills. 49 A.L.R.4th 812.
Am. Jur.
80 Am. Jur. 2d, Wills, § 993 et seq.
Ark. L. Rev.
Acts 1949 General Assembly — Act 140 The Probate Code, 3 Ark. L. Rev. 375.
Transmissibility of Certain Contingent Future Interests, 5 Ark. L. Rev. 111.
The Devisability of Possibilities of Reverter and Right of Entry for Condition Broken, 7 Ark. L. Rev. 390.
Wills — Designation by Will of Attorney for the Estate, 7 Ark. L. Rev. 419.
C.J.S.
96 C.J.S., Wills, § 819 et seq.
U. Ark. Little Rock L.J.
Brantley and Effland, Inheritance, The Share of the Surviving Spouse, and Wills: Arkansas Law and the Uniform Probate Code Compared, 3 U. Ark. Little Rock L.J. 361.
Matheny v. Heirs of Oldfield, 32 S.W.3d 491 (Ark. Ct. App. 2000). · cites it 2דSee Ark. Code Ann. § 28-25-110 . See also Parker v.”
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