Etgen v. Corboy

This appeal raises two issues of first impression in the Commonwealth: (1) whether the applicable statute permits partial revocation of a formally attested will by marks placed upon it by the testator with intent to partially revoke the will, and (2) whether the presumption that a testator marked on his will with intent to revoke portions of it can arise where two duplicate originals were in the possession of the testator from their execution until found after his death and one is marked while the other is not. The trial court ruled in the affirmative on each issue deciding, in effect, that…