Estate of Bristol v. Young

The controlling question on this appeal is the sufficiency of the evidence to support the finding of the trial court that “the deceased never cancelled or destroyed *223the codicil of April 28th, 1941, and said codicil was in existence at the time of his death.” The contest is purely one of presumptions and inferences. That the codicil was duly executed is established without question but, after the testator’s death, it was never found. No witness was produced who claimed (or admitted) to have seen such lost codicil after the day of its execution nor, on the other hand, to have seen the testator…