Revivial: execute will 2 which revoked will 1; will 2 is lost; is will 1 valid?

intent view (CA, UPC) - try to determine intent of testator

  1. first there is a presumption of NO revival
  2. can introduce evidence to the contrary depending on how will 2 was revoked
    • physical revocaion of will 2 - any type of evidence can be used (testimony or subsequent revocations)
    • if will 2 revoked by will 3 - only place to look for evidence of revival is will 3

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