Whitefield v. Whitefield

RICE, Chief Justice.

This is an action to probate the will of G. H. Whitefield, dated August 16, 1933, not produced in court, alleged by proponents to have been lost or destroyed, and last seen in the custody of another than deceased. From an adverse judgment, proponents have appealed.

On a prior appeal to this court, this cause was reversed and remanded because proponents had not rebutted the legal presumption that the testator had destroyed his will with the intention of revoking it, raised by reason of the fact that the will was last seen in the possession of testator. Whitefield v.…