Lauermann v. Superior Court

Opinion

KING, Acting P. J.

In this case we are asked to determine the meaning of the term “duplicate original” as used in Probate Code section 6124. We hold that the term does not include a photocopy not personally executed by the testator and witnesses. Accordingly, the presumption that the testator destroyed his will with the intent to revoke it will apply at the trial of the matter.

Although the procedural history of the case is somewhat complicated, the significant facts may be briefly stated. Decedent, Wemer (or Warner) Lauermann, was survived by neither spouse nor issue. In 1987 he…