Boynton v. Simmons

Lucy D. Simmons made two wills, one in February, 1911, the other in May, 1916. The first will was destroyed in May, 1916, when the second one was made. The 1916 will contained no revoking clause. The probate court admitted the 1916 will to probate. On appeal to the district court these two questions were submitted to the jury:

1. Was the first will of Lucy D. Simmons, which was executed in February, 1911, and which was destroyed in May, 1916, so destroyed by reason oif undue influence exerted by Frances L. Boyn-ton?

2. Was the second will of Lucy D. Simmons, which was executed in May, 1916,…