Raushenberger v. Greenwald

LARSON, Justice.

Delores Raushenberger, the proponent of a “lost” 1988 will, has appealed from a district court ruling that (1) she had failed to rebut the presumption that the will had intentionally been destroyed by the decedent, and (2) the decedent’s destruction of the 1988 will did not revive a 1973 will. We affirm.

I. Facts and Initial Proceedings.

Frances Greenwald died on August 9, 1996, survived by her husband, Harold Greenwald, a half-sister, Delores Raushen-berger, and various other relatives. Frances and Harold had no children together. Frances executed a will on August 2, 1973,…