Killgore v. Killgore

TAYLOR, Justice.

This cause was previously before this court, In re Killgore’s Estate, 84 Idaho 226, 370 P.2d 512. On that appeal we held that the defendant (respondent here), proponent of a lost will, was not rendered incompetent to testify as one of the two “credible witnesses” required by I.C. § 15-231, to prove the provisions of the lost will, by the fact that she was a beneficiary under the will. After the remand in that case, the cause was tried to a jury on two issues :

“1. Was the will in question revoked by Mr. Killgore prior to his death?

“2. If the will was not revoked, have the…