Tyer v. Miller

Langenbach, J.†

This is a proceeding to establish a destroyed will and its contents. Faye Tyer and Isaiah Goodall petitioned to admit to probate a destroyed will and appoint Isaiah Goodall as executor; or, alternatively, for a judgment awarding Faye Tyer damages against G. Earl Miller for his appropriation of decedent’s assets and the destruction of *231the will, thereby depriving her of a legacy. Mr. Miller petitioned for his appointment as administrator as the sole heir.

A pretrial order limited the issues to proof of the execution and contents of the destroyed will.1 Thereafter, the probate…