Putney v. Putney

I disagree with the majority. The question is a simple one. Did Ellison Putney destroy his will so that he could die intestate? The law presumes that he did because his executed 1978 will cannot be found. Let us see if this is logical.

Ellison Putney was an astute business man. The Chancellor conceded this. This Court’s majority agrees. Since 1951, he had been testate. He had five wills in all. *1128Every time his family situation changed, he changed his will. In 1961, when Ellison separated from his wife, he made a will in which he disinherited her. In 1962, he added a codicil. In 1963, he…