Hull v. Cartin

I concur in the dissenting opinion of Justice Budge. The portion of section 15-231 requiring the provisions of a lost or destroyed will to be “clearly and distinctly proved by at least two credible witnesses,” if valid, means that the evidence establishing the provisions of the will must not be less satisfactory than would be the testimony of two credible witnesses thereto. In this case the provisions of the will were established by the production of a duplicate original, the genuineness of which has not been questioned. Documentary evidence of that character has greater weight to establish…