Berry v. Smith

ROBERTSON, Justice,

for the Court:

I

This is the case of the will not found. We know that the testator made a will, leaving his entire estate to his sole surviving daughter, and we have every reason to believe that for years he kept that will in a locked desk drawer. The testator died in late December, 1988, and diligent searchers failed to find the will.

The daughter held a photostatic copy of the will, depicting identically the original, and thereupon sought probate. The testator’s grandson, an heir-at-law, objected, arguing that the circumstances gave rise to a presumption that the testator…