Estate of Fowler v. Perry

In reaching its conclusion that the trial court properly denied probate of an original duplicate of Fowler’s will, the majority relies on the rule that where a testator retains possession or control of a will and the will is not found at the testator’s death, a presumption arises that the will was destroyed with the intent to revoke it. Because I believe that the application of this presumption in the instant case overrides the clear intent of the testator and is questionable when the testator executes a duplicate original, I respectfully dissent.

The paramount objective behind the law of…