Ohio court holds that the testator’s markings were insufficient to revoke entire document

The testator drew an “X” through ten lines on the first page of her will, then marked out the X, struck out the amount of a general bequest of money, and wrote other writings and multiple signatures on the will between and around the typewritten words of the will, but left her original signature untouched.

The court held as a matter of law that the testator did not revoke the will.  Under Ohio law, a will cannot be partially revoked by physical act and the acts in this instance indicated at most an intention to revoke the general bequest but definitely not the entire will.

Horst v. Horst, No. 22993, 2009 WL 3068261 (Ohio Ct. App. Sept. 25, 2009).