Harrison's Estate

Mk. Justice Linn :

I dissent from the view of the majority on what is said to be “the larger question involved in this appeal,” stated in the opinion as follows: “May an existing will be rendered nugatory by proof of a subsequent writing alleged to have contained a revocation, where the writing itself is not produced?”

While the Wills Act prohibits oral revocation, no support can be found in the act for the proposition that a lost written revocation cannot be proved, if the secondary evidence is sufficient. The pertinent portions of the act are quoted by the majority: “Section 20 says: ‘No will…