Estate of Rosencrantz: McIver v. Kane

Under sec. 310.10 (sec. 3791), Stats., the county court is declared to have power to take proof of the execution and validity of lost wills and to establish the same. This, contrary to respondent’s suggestion, requires that there shall be the same proof of execution of any alleged lost or destroyed will as would be required in a contest over the probate of a document offered as the original. The proponent of a lost or destroyed will cannot stand in any better position than one who offers an original document so far as the necessity of proof of execution is concerned.

The appellant urges here…