Garske v. Attorney General

Elizabeth Garske, a devisee of the estate of Katherine Kent, appeals an order denying a petition to admit a photocopy of George Christoffs will into the probate of his estate. The original of the will had been retained by the attorney who drafted it. Despite a diligent search, it was never found.

On appeal, Garske argues that the photocopy of Christoffs signed, witnessed, original will was admissible as a duplicate. She further asserts that the lost will statute does not apply to the present case. Her position is based on the fact that there was no question as to the contents, that the will…