Matter of Estate of Cox

Appellant, Raymond Cox appeals from an order of the Tenth Judicial District Court, Fergus County, admitting the holographic will of Mabel I. Cox to probate.

The determinative question is whether a will, bearing unexplained markings through its text when discovered, has been revoked by cancellation pursuant to section 72-2-321, MCA. We hold that such a will shall be presumed canceled by the testator with the intent to revoke, unless proven otherwise.

Mabel Cox died on May 16, 1979, leaving six children as survivors. The decedent’s holographic will was found in her bedroom nightstand the…