Republication

An act done by a testator, from which it can be concluded that he intended that an instrument which had been revoked by him should operate as his will; or it is the re-execution of a will by the testator, with a view of giving it full force and effect. The republication is express when there has been an actual re-execution of it (1 Ves. Jr. 440; 2 Rand. [Va.] 192; 9 Johns. [N. Y.] 312); it is implied when, for example, the testator by a codicil executed according to the statute of frauds, reciting that he had made his will, added, "I hereby ratify and confirm my said will, except in the alterations after mentioned" (3 Brown, Pari. Gas. 85). The will might be at a distance, or not in the power of the testator, and it may be thus republished. 1 Ves.

An act done by a testator, from which it can be concluded that he intended that an instrument which had been revoked by him should operate as his will. Schoul. Wills 441; or it is the re-execution of a will by the testator, with a view of giving it full force and effect. The republication is express when there has been an actual re-execution of it; 1 Ves. 440; Bagwell v. Elliott, 2 Rand. (Va.) 192; Jackson v. Potter, 9 Johns. (N. Y.) 312; it is implied when, for example, the testator by a codicil executed according to the statute of frauds, reciting that he had made his will, added, “I hereby ratify and confirm my said will, except in the alterations after mentioned.” 3 Bro. P. C. 85. See Hawke v. Euyart, 30 Neb. 149, 46 N. W. 422, 27 Am. St. Rep. 391. The will might be at a distance or not in the power of the testator, and it may be thus republished; 1 Ves. 4SG; 4 Bro. C. C. 2. The republication of a will has the effect — first, to give it all the force of a will made at the time of the republication; Beach, Wills 143; if, for example, a testator by his will devise “all his lands in A,” then revokes his will, and afterwards buys other lands in A, the republication, made after the purchase, will pass all the testator’s lands in A; Cro. Idliz. 493. See 1 P. Wms. 275. Second, to set up a will which had been revoked.

A second publication of a will, either expressly or by construction.

See Publication. BEPUDIATIOK". See Impair, Obligation, etc.

A second making public. Applied particularly to wills, when it signifies the revival, either by re-execution or by a codicil adapted to the purpose, of a will previously revoked.