Tibbetts v. Garrett

Taylor, C.

In 1915 Mary E. Tibbetts executed a will in due form. In 1918 she executed a second will in due form which contained a clause revoking all prior wills. In 1920, for the purpose of revoking the second will and leaving the first will in force, she burned the second will in the presence of two disinterested witnesses whom she called in to witness its destruction and to whom she declared her purpose in destroying it. She died in February, 1921, and thereafter the first will was duly admitted to probate by the probate court. On appeal the will was also sustained by the district court. A…