Estate of Slama

It is undisputed that the will of Julius Slama, dated June 19, 1956, was properly executed and that there was no later will or codicil. The sole issue is whether the will was destroyed intentionally by the testator prior to his death so that the will was revoked and he thus died intestate.

Sec. 238.14, Stats., requires that in order for a will to be revoked there must be an intent to revoke. Sec. 310.10 provides for the proof of a lost will and proof of a lost will is permitted where the will is either lost or destroyed by accident or design 2 and not by intention as provided under sec. 238.14.