Details
Outcomes
- Our Summary:
Not a testamentary capacity contest on appeal, but interesting revocation case. S. Ct. affirmed the COA position that proponents failed to carry their burden to prove that the will offered for probate had not been revoked.
- Interesting Notes:
The rule enumerated in the above cases is that where testator's will produced in court comes from the custody of those to whom it has been delivered by the testator, or is found among testator's papers in a place he usually keeps his valuable papers, and there is no suspicion cast upon the genuineness of the will, there exists a presumption that the will has not been revoked. Under such circumstances, a proponent has satisfied the statutory requirement to prove no revocation.
Summaries