In re Orrell

Wingate, S.

This proceeding arises upon the petition of Edward P. Orrell, Jr., for the probate of a lost or destroyed will. Such probate is contested on the ground that the will was in the possession of decedent, and, it not having been found subsequent to his death, he is presumed to have destroyed it with an intention of revocation. The evidence clearly establishes that on February 23, 1917, the will, probate of which is prayed, was duly executed, and that all of the necessary formalities were complied with. On that date the testator was concededly of sound mind and there is no suggestion of…