In re the Estate of Faragiano

OPINION OF THE COURT

Barbara Howe, J.

Decedent died at age 89 on October 2, 2012. Her husband had predeceased her in August 2008, and she was survived by four children: Frances, Joseph, Mary and Rosalie.

Although decedent had executed a will on May 14, 1996, only a conformed copy has ever been filed with this court. An affidavit from the attorney-draftsperson and witness to that will attests that, following its execution, the original will was given to decedent who then took it with her.

When a previously executed will cannot be found after death, there is a presumption that it was destroyed by…