Smith v. Davison

This is an appeal from an order denying admission of a will to probate and decreeing that the deceased died intestate.

On August 3, 1930, Alice Shute made a will in which she left to Otie Shute, the brother of her deceased husband, “Twenty-five Dollars a month while he needs it” and all the rest of her estate to her three sisters and her brother, Alexander Smith. On the same day, she handed the will to her sister, Agnes Davison, with a request that she keep the will for her. This will remained in Agnes Davison’s possession until after Mrs. Shute’s death. On August 30, 1937, Mrs. Shute executed…