Johnson v. Kroc

Barbora Havel departed this life November 9, 1920, 5 days after she had made a will as to the testamentary efficacy of which no doubt has been expressed by either the probate or district court. The decision appealed from was against admitting the will to probate. It was put upon the sole ground that the document was not shown to have been in physical existence at the death of the testatrix. The learned trial court was of the opinion that such existence at the moment of the testator’s death is necessary in order to admit to probate a lost or destroyed will, even though the same remains…