
    In the Matter of the Will of Newell Cable, Deceased. Bertha W. Williams et al., Appellants; John G. More, as Executor, et al., Respondents.
    
      Will — revocation of provisions of codicils by subsequent codicil after-wards destroyed — destruction of revoking codicil did not revive revoked provisions — such provisions revived by subsequent codicils ratifying and confirming will.
    
    
      Matter of Cable, 213 App. Div. 512, affirmed.
    (Argued January 13, 1926;
    decided February 24, 1926.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 2, 1925, which affirmed a decree of the Delaware County Surrogate’s Court admitting certain writings to probate as the last will and testament of Newell Cable, deceased. The writing consisted of the will and eleven codicils. By another codicil, duly executed and published, but afterwards burnt by testator in the presence of witnesses, at which time he made the statement, “ I have the thing back as I want it now,” testator revoked certain provisions in codicils previously made. It was held that the burning of the codicil did not revive the revoked provisions but that such provisions were revived by a clause in subsequent codicils reading: “And I hereby ratify and confirm my said last will and testament in every respect save in so far as any part of the same is inconsistent with this codicil.”
    
      A. L. O’Connor for Bertha W. Williams et ah, appellants.
    
      Arthur E. Connor as special guardian for Kenneth Rock et al., appellants.
    
      A. G. Patterson and John G. More for respondents.
   Order affirmed, with costs to respondents payable out of estate; no opinion.

Concur: His cock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: Cardozo, J.  