White Ex Rel. Estate of Chapman v. Wilbanks

Cureton, Judge:

This is an appeal of a probate matter. The trial court ruled that the destruction of a 1982 will did not revive a prior will and the decedent’s estate passed by intestate succession. We reverse and remand for a new trial.

Appellant, Junie White, was named executor under a 1980 will executed by Samuel Kinard Chapman. Mary Elizabeth Wilbanks was named executrix under a will allegedly executed by Chapman in 1982. The original of the latter will was never presented to the probate court. The 1980 will and a copy of the 1982 will were both offered for probate in the Probate Court for…