Paully v. Crooks

MONTGOMERY, J .

The defendant in error, who was plaintiff below, in substantiation of his claim offered evidence to the effect that the decedent, late in the year 1924, duly executed a subsequent will, which, by its terms, gave a substantial portion of the estate to him, John B. Crooks. That will was not produced, and there is no "evidence in the record as to what became of it. The legal presumption therefore is that the same was destroyed. There is an absence of any evidence in the record of republication of the will having been’admitted to probate. The sole question therefore in the case is…