Howard v. Cotton

Duckworth, Chief Justice.

In considering the motion of appellee for a rehearing we invited briefs on the question of whether there was an issue of fact for the. jury. This opinion is written after consideration of this motion. The obliterations, cancellations and markings out of most of the material portions of the original will are set out in the statement of facts.

Code § 113-404 provides that an express revocation of a will may be effected by any destruction or obliteration done by the testator, or by his direction, with an intention to revoke; and such intention will be presumed from the…