Garrett v. Butler

Paul Ward, Associate Justice.

This appeal deals with the restoration of a lost will, and with legal rules and presumptions as related to facts which, for the most part, are undisputed.

Rev. John H. Garrett died on September 26, 1956, leaving no spouse or issue but a number of collateral heirs. When no will was found immediately his brother, George Garrett, was appointed administrator of the estate which consisted primarily of a house and lot valued at $2,500.

On April 19, 1957 Thomas A. Butler (a nephew of the deceased’s late wife), appellee, petitioned the Probate Court for the restoration of a…