Youndt v. Youndt

The opinion of the court was delivered

by Lowrie, J.

This issue is upon the will of Allen Youndt, made in 1850. It is1 alleged to have been revoked by a -subsequent will made in 1859. .There is full proof that this latter will was duly executed and contained an express revocation of the former one; but the latter will cannot be found, and it was alleged it was destroyed' — not by the testator, but by a principal devisee in the former will, with assistance of the testator’s housekeeper, about the time of his death. This, therefore, became the principal fact in dispute before the jury. Thus it…