In re the Estate of Day

Abbott, C.J.:

Tom Day appeals from the order admitting an unexecuted copy of B. H. Day’s will to probate and the appointment of Crane Day as executor of the estate.

Crane Day, Howard Day, and Tom Day are the sons and only heirs-at-law of their father, B. H. Day. B. H. Day executed a will on December 10, 1979. Evidence is strong that the will was placed in B. H.’s safety deposit box. Crane and Howard had access to the box. Tom did not. The will and a subsequently executed codicil, combined, are more favorable to Crane and *669Howard than to Tom; thus, it would be to their benefit that the will not…