In re the Probate of the Will of McCauley

Anthony P. Savarese, S.

Decedent died on December 25, 1956. Among his effects were two testamentary papers dated May 1, 1952 and February 11, 1953, respectively, the latter of which expressly revoked the former and is here propounded. Contestants answer that the instrument offered for probate is not the last will and testament of the decedent as it was duly revoked by him in his lifetime. The court reaches the same conclusion.

The propounded instrument, consisting of three typewritten sheets stapled with a legal back, was found torn into numerous pieces. This was apparently accomplished by a…