Olsson v. Waite

By a decree entered on October 17, 1972, the trial judge disallowed for probate a signed copy of a will executed by Ann Francis, finding that the original of the will had been destroyed by her with the intention of revoking it. Mr. Olsson, the proponent arid sole beneficiary named in the will, appealed. On November 16, 1972, he filed a motion to vacate the decree of October 17. At a hearing on that motion, evidence was introduced from which the judge might have found (and presumably did find) that there was substantial evidence bearing on the issues litigated at the trial which had not been…