Ward-Allen v. Gaskins
District of Columbia Court of Appeals
989 A.2d 185 (2010)
Creech's original will left specific bequests and the estate residue to her nieces and nephews, naming nephew Mitchell as personal representative and niece Gaskins (defendant) as alternate; a later codicil changed the bequests and named grand-niece Ward-Allen (plaintiff) as alternate representative instead. After Creech died and Mitchell renounced his role, Ward-Allen sought to probate the codicil using only a copy, since the original codicil could not be located -- Ward-Allen claimed she had once possessed it and sent it to Mitchell, though the timing relative to Creech's death was unclear -- and the trial court refused to admit the copy while probating the original will, prompting Ward-Allen's appeal.
Whether, where a will or codicil (or certain provisions within one) has been revoked and not revived, the revoked provisions may be admitted into probate.