Estate of Benson

Martin Benson, nephew of Neis Benson, deceased, has appealed from an order admitting to probate the will and alleged codicil of said deceased. The original will was established by production of a carbon copy thereof, as a lost or destroyed will, under the provisions of section 350 of the Probate Code. The asserted codicil is a subsequent complete will, disposing of all the property of the testator without reference to the original will. Both instruments were duly executed. Both were admitted to probate. The chief issue urged by the appellant is that the record lacks evidence that the original…