Cook v. Brown

BIRD, Judge.

This is an appeal from a judgment directing that a lost will be probated.

The record and the briefs are quite lengthy. However, careful scrutiny reveals only one question to be resolved. The proponents must meet 'the burden of proving the continued recognition of an unrevoked will. Gibbs v. Terry, Ky., 281 S.W.2d 712. Did the proponents meet that burden?

The trial court, over contestants’ objection, permitted the attorney for the, administrator with the will annexed- to testify. His testimony was sufficient to meet the burden of proof. However, contestants insist that the attorney…