Loy v. Loy

STEWART, Justice.

This appeal is from a judgment of the Adair Circuit Court upholding the probate of an alleged missing will, purportedly destroyed over the protest of the testatrix.

There seems to be no question that the will once had a physical existence. Paul Price and Opal Price testified that they witnessed a document that was acknowledged by Edna Loy, the testatrix, and by Willis Loy, the testator, who were husband and wife, as their joint will. This occurred in 1933 or 1934 in the kitchen of the Loy home at Glensfork in Adair County. Edna Loy died on December 27, 1948. Mr. and Mrs. Price…