Berry v. Griffin

COULSON, Justice.

This is a “Lost Will” case. In 1969 Miss Josephine Allebach executed a will. After her death, on May 24, 1974, the original of the Will could not be found. The principal beneficiary under the Will, Reverend Leslie T. Griffin, sought probate of an unsigned copy of the Will. Josephine L. Berry, and others, contested the probate of the “Lost Will” on the ground that the decedent revoked her will prior to her death by destroying the Will. After a jury trial the court admitted the “Lost Will” to probate. We reverse and render.

The jury found: (1) that when last seen the Will was…