Fonk v. Zastrow

In In re Will of Valentine (1896), 93 Wis. 45, 54, 55, 67 N. W. 12, this court stated:

“Where, as here, it is established that the testatrix properly executed a valid will, and the same was last known to be in her possession but cannot be found on her death, there is a prima facie presumption that she destroyed it with the intention of revoking it, but such presumption may be overcome by competent evidence.”

We pointed out in Will of Faulks (1945), 246 Wis. 319, 349, 17 N. W. 2d 423:

“When some evidence to the contrary is received, that is, evidence which if uncontradicted is sufficient to…