Flora v. Hughes

Judge Cammack

Affirming.

This ease involves the question as to whether Mary Elizabeth Field revoked her will by cutting or tearing the fifth item therefrom. KBS 394.080 sets forth'the manner in which a will may be revoked. Subsection' (4) of that section follows: “(4) By the person who made the will, or some person in his presence and by his direction, cutting, tearing, burning, obliterating, canceling, or destroying the will or codicil, or the signature thereto, with the intent to revoke.” By agreement of the parties the ease was submitted to the court without the intervention of a jury. The…