In Re Estate of Johnson

A proponent of a lost will appeals from a final decree of the probate court, which ruled that she failed to overcome the presumption of revocation. On appeal, proponent argues that (1) the probate court improperly admitted evidence of the testator’s character, (2) her opponents waived rights under the Dead Man’s statute, and (3) she presented sufficient evidence to overcome the rebuttable presumption that the testator had revoked the lost will. This case causes us to consider whether we may review, on direct appeal from a final probate decree, claims of error involving mixed questions of law…