In re the Estate of Smith

OPINION OF THE COURT

Joseph J. Traficanti, Jr., J.

The petitioners Richard Mackey and Joyce Mackey Thorn offered for probate a photocopy of a document purported to be the last will and testament of Rhoda Mackey Smith, deceased. The petitioners, a nephew and niece of the decedent and distributees as well as beneficiaries under the purported will, allege that the original will was delivered to decedent’s attorneys for safekeeping about the time of its execution in August of 1976. On March 21,1978, the petitioners allege that Russell Smith, the husband of the decedent, obtained possession of…