In Re Estate of Bernard Thomas

Bernard Thomas died November 30, 1934. Appellant petitioned the probate court of Wayne county to allow for probate an alleged will of deceased which petitioner set forth in his petition had “been lost, concealed, suppressed or destroyed.” On appeal to the circuit court the issue was tried before a jury and the alleged lost will allowed. On motion non obstante veredicto judgment was entered disallowing the alleged lost will. Proponent has appealed.

The method of establishing an alleged lost will in this State is provided by statute. 3 Comp. Laws 1929, § 15547. Decision herein turns upon whether…