CODICIL is a testamentary document altering or modifying a will. It may however take effect without a will, even if its language implies that a will exists. A codicil ratifying a will amounts to a republication of that will, and both ought to be considered together as one will. The addition of a codicil sets up everything in the will not altered by the codicil ; and though the codicil has no date, yet if it appears to have been executed sub sequently to an act which might amount to a revocation, it will operate as a republication of the will. To revive or republish a revoked will, a codicil must refer to it in such terms as show an intention to revive the will ; for the will cannot be revived by mere implication, as for example by referring by date only to a revoked will, or by merely annexing a duly executed codicil of later date to a former will. A codicil must be witnessed in the same way as a will. It has been laid down that to revoke a will which has revoked a former one is to revive the first will, but this rule is too doubtful to rely upon. Thus where an executor was given by will a legacy of £100, and
subsequently by codicil a gift of .e500 was substituted therefor, this latter gift was in its turn revoked, but it was held that the prior gift of the £100 had not been set up again. See WILL.
Short form of a Codicil.
This is a codicil to the last will and testament of me, Josiah Albert Williams, of 15 Gloucester Gate, Highgate, in the County of London, Gentle man, which will bears date the fourteenth day of July, one thousand nine hundred and one [here state succinctly and specifically the changes desired to be made in the dispositions of the will and also set out any additional gifts, and conclude:] And in all other respects I confirm my said will, In witness whereof I have hereunto set my hand this ninth day of October, one thousand nine hundred and ten.
Signed by the above-named Josiah Albert Williams in the presence of us, both being present at the same time, who in