Estate of Johnson

A will destroyed in the presence and within the observation and with the consent of the destroyer, upon the suggestion of a disinterested friend that it was “of no further use and would better be destroyed, ’ ’ cannot be deemed “a fraudulently destroyed” will, within the meaning of section 1339 of the Code of Civil Procedure, so as to be entitled to probate under section 1338 of the same code, where it appears that such suggestion was honestly made in the full but erroneous belief, concurred in by the' testator, that such will was worthless, and that a copy thereof signed by the testator and…