2908059The American Cyclopædia — Codicil


CODICIL (Lat. codicillus, diminutive of codex), an addition or supplement to a will, requiring the same formalities of execution and the same testamentary capacity. The distinction between the two formerly was, that by a will an executor was appointed, and by a codicil not; but now an executor may be appointed by either or by neither, and the codicil is employed to meet changes of purpose on the part of the testator, and to provide for new circumstances. A will and codicil are to be construed together, and the latter, as the more recent expression of the testator's purpose, will modify and control the other wherever they are not in harmony; but in other particulars the will is to stand. There may be several codicils to a will, all of which must be probated with it; but any one may be rejected for want of the legal requisites, and the others will remain and have effect as if that had never been made.