Sprague v. Evanson

KAPSNER, Justice.

[¶ 1] Philip Sprague appeals from an order denying his petition for formal probate of a will allegedly executed by Harriet *3910. Clemetson. Because we conclude the district court correctly applied the law on the presumption that a missing will is revoked, and because the court’s findings of fact are not clearly erroneous, we affirm the order.

I

[¶ 2] Harriet and Earl Clemetson were married for approximately 45 years and lived in Grand Forks County. The couple had no children together, but each had a child from a previous relationship. Harriet Clemetson’s son, Ritchie Evanson, died…