Bury v. DiLegge

At issue here is whether an unsigned carbon copy may be used to establish and probate a lost will. In petitioning the court to establish a lost or destroyed will, appellant Bury filed a carbon copy of the last will of the decedent, but which was unsigned by any witnesses or the testatrix. She supported her petition by testimony from the lawyer who drafted the will and who was also a subscribing witness to the original. The lawyer testified that the original was signed by the testatrix in the presence of two witnesses (one being himself), who also signed in their presence and the presence of…