Bill executes a whale, naming Jill and John as beneficiaries. Later, Bill has an argument with John and executes a codicil, revoking John's gift. Later still, Bill and John reconcile. At this point, Bill is bedridden. Bill directs his caregiver to retrieve the codicil from the garage and tear it up, but the caregiver tears up the codicil BUT NOT IN Bill's presence. The caregiver then walks into Bill's room to report that the codicil was torn and shows Bill's the torn codicil torn into pieces. Bill then throws the pieces in the trash which went out the next day. Bill calls John and tells him don't worry you're back in my will now.

Does John get the original gift both because the codicil was torn and because Bill threw away the pieces, or the original gift only because Bill threw away the codicil because it was torn by the caregiver not in the presence of Bill.