Sheffield v. Sheffield

Head, Justice.

1. The trial judge charged the jury in part as follows: “I charge you further, gentlemen, that when a copy of a lost or destroyed will is sought to be admitted to probate in lieu of the original will, the presumption is that the original will was not revoked by the testator, and this must be shown by proof.” The propounders, in ground 8 of the amended motion for new trial, assign error on this charge, and the caveators, in ground 5 of their motion, assign error.

This is clearly an erroneous statement of the law. Code § 113-611. The cross-propounders, the defendants in error here,…