Evidence from a Codicil

Facts: Father wrote a will which left everything to his brother. Father then wrote a codicil which disinherited his son. Son sought to have the codicil set aside on the ground of undue influence

Rule: Where codicil does not change manner or extent of testamentary disposition in will, proper question of undue influence must be determined solely by reference to acts bearing upon execution of codicil.


Quote: In a situation such as is here presented, with reference to the question of whether an attempted direction by a testator of the disposition of his property has been unduly influenced by another person, the law is well established that, excepting only as clearly is made to appear to the contrary, a codicil to a will is an affirmation of the provisions contained in the former testamentary declaration. And, since it is here conceded that by no provision or term of the codicil was any attempt made by the testator to change or to modify either the manner or the extent of the testamentary disposition contained in the will proper, it follows that to all intents and purposes the question of whether the will and its codicil, considered as a single instrument, was induced by the undue influence of any person or persons exerted upon the testator, must be considered and determined solely by reference to the acts of such person or persons as they related to or bore upon the execution of the codicil. (253)

In re Estate of Horton 128 Cal.App. 249, 252 (1932)