A codicil duly executed, and attached or referring to a paper defectively executed as a will, has the effect to give operation to the whole, as one instrument; Schoul. Wills 448; Beall v. Cunningham, 3 B. MOnr. (Ky.) 390, 39 Am. Dec. 469 ; Haven v. Foster, 14 Pick. (Mass.) 543; 16 Ves. Ch. 167; 1 Ad. & E. 423; Matter of Hardenburg's Will, 85 Hun 580, 33 N. Y. Supp. 150. See numerous cases cited in 7 Ves. Ch. (Sumner ed.) 98; 1 Cr. & M. 42.
There may be numerous codicils to the same will. In such cases, the later ones operate to revive and republish the earlier ones; 3 Singh. 614; 12 J. B. Moore 2. See Johns Hopkins University v. Pinckney, 55 Md. 365.
In order to set up an informally execut ed paper by means of one subsequently ex ecuted in due form, referring to such infor mal paper, the reference must be such as clearly to identify the paper ; Tonnele v. Hall, 4 N. Y. 140.
A codicil which depends on the will for interpretation or execution falls, if the will be revoked; 1 Tucker 436; Jouse v. Forman,
5 Bush (Ky.) 337.
It is not competent to provide by will for the disposition of property to such persons as shall be named in a subsequent codicil, not executed according to the prescribed formalities in regard to wills ; since all pa pers of that character, in whatever form, if intended to operate only in the disposition of one's property after death, are of a testa mentary character, and must be so treated ; 2 Ves. Ch. 204; 2 M. & K. 765.
So much of the will as is inconsistent with the codicil is revoked; Bosley v. Wyatt, 14 How. (U. S.) 390, 14 L. Ed. 468.
A codicil whose only provision is the ap pointment of an executor who had died, can not be admitted to probate apart from the will ; Pepper's Estate, 148 Pa. 5, 23 Atl. 1039. A testator executed a codicil which was de scribed as "a codicil to my will executed some years ago," and after his death the will could not be found, but probate of the codicil was granted; [1892] Prob. 254. See Wm.s.