Lovell v. Anderson

Fletcher, Presiding Justice.

In this will contest case the caveator contends that the testator intended to revoke his will when he made obliterations of a material portion of the will. The issue is whether the statutory presumption of revocation by obliteration1 coexisting with the common law presumption that the testator acted to effect the revocation2 will carry the caveator’s burden against the propounder’s motion for summary judgment. We conclude that these presumptions existing together are sufficient to withstand summary judgment and, because the basic facts proven are sufficient to…