Davis v. Davis' Ex'x

Opinion op the Court by

Judge Oammack

Reversing.

This action involves the question of probating a paper said to contain the contents of a lost will of R. L. Davis, who died June 14, 1943. The jury found the paper to be the lost will of R. L. Davis, and the appeal is from a judgment on that verdict.

Reference to the case of Caudill v. Loar, 293 Ky. 223, 168 S. W. 2d 757, and cases cited therein, will show that the contents ,and due execution of alleged lost wills may be established by parol proof. However, a heavy duty rests upon the propounder of such a will, because he must show (1) the due…