Matter of Estate of Fisher

DONIELSON, Judge.

Contestant appeals from the trial court’s judgment granting proponent’s application to establish a lost will. Contestant claims that: 1) proponent, decedent’s husband and sole beneficiary under her will, was incompetent to testify under Iowa Code § 622.4, the dead man statute, about where the will had been kept, and 2) proponent did not produce sufficient evidence to rebut the presumption of decedent’s destruction of her will with the intent to revoke it. We affirm.

Kate Fisher died in 1981; she was survived by her husband, Stanley Fisher. Decedent had executed a will in 1971,…