Shrum v. Powell

OPINION

LEWIS, Judge.

Plaintiff filed her complaint in the Chancery Court for Marion County and sought to establish the alleged lost will of Charles Edward Powell. At the conclusion of an evidentiary hearing, the Chancellor held that plaintiff had “fail[ed] to carry the burden of proof” and dismissed her complaint. Plaintiff has appealed and presents two issues, which we discuss together:

I. Did defendants carry their burden of proof in tracing the executed will into the hands of the testator, so as to entitle them to a presumption of revocation upon its non-production?

II. If defendants were…