Smith v. Ferris

We are satisfied that the evidence shows that the instrument presented by the petitioner, the appellant herein, for probate as the last will and testament of Ellen M. Bennett, deceased, bearing date October 16,1906, was revoked by a subsequent will duly *638made and executed by the testatrix on or about March 16, 1908, which last-mentioned will contained a clause revoking all former wills made by her. The evidence further shows that this last will after its execution was by testatrix’s direction retained by the attorney who drew it, in whose custody it remained for some two years; and at her…