Managle v. Parker
Supreme Court of New Hampshire
. The evidence tended to show that the paper offered for probate was executed as a will by Hannah Stevens, September 14, 1899. Before it was signed and witnessed a line was crossed out. Shortly thereafter a second draft, identical with the first draft except for the erasure, was executed before the same witnesses at the request of the attorney who drew the will, because he did not wish a paper prepared by him to go to probate in the condition of the first draft.
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. The evidence tended to show that the paper offered for probate was executed as a will by Hannah Stevens, September 14, 1899. Before it was signed and witnessed a line was crossed out. Shortly thereafter a second draft, identical with the first draft except for the erasure, was executed before the same witnesses at the request of the attorney who drew the will, because he did not wish a paper prepared by him to go to probate in the condition of the first draft. When the second draft was signed Miss Stevens gave the first to one of the witnesses, Mrs. Noyes, “ to keep in case anything…
1Opinion of the CourtPeasijee, J.
Evidence of tbe testatrix’s declarations was properly admitted. Tbe issue of revocation involved two distinct facts: tbe physical act of destruction and the intent with which the act was done. “All the destroying in the world without intention will not revoke a will, nor all the intention in the world without destroying; there must be the two.” Cheese v. Lovejoy, L. R. 2 Pro. Div. 251. The question in the present case is whether the declarations are evidence of intent. That they are not evidence by wdiich the physical act of destruction might be proved (Stevens v. Stevens, 72 N. H. 360) may…
2Cases cited5 opinions
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