Smith v. Alsobrook

DROWOTA, Judge.

OPINION

This is an appeal from the judgment in a probate proceeding in which several holo*220graphic instruments were propounded as the last will and testament of Gladys Dye. The sole issue presented is whether testatrix effectively revoked a devise of her realty in one of these instruments by the physical act of drawing lines through the provision containing it.

This litigation began with the filing of a petition to probate in solemn form a holographic instrument dated January 1, 1974, and purporting to be the last will and testament of testatrix. The petition was filed June…