Wills - Revocation - Loss of a Duplicate Will

Authors

John W. Gelder, University of Michigan Law SchoolFollow

Abstract

Testator, who had executed his will in triplicate, retained two originals in his possession, but only one of them could be found after his death. Plaintiff sought to probate this document, but the lower court held that the plaintiff had not rebutted the presumption of revocation arising from the loss or destruction of one duplicate and refused to grant probate. On appeal, held, reversed. The presumption that the testator destroyed one original with an intention to revoke his will is rebutted by the fact the testator had preserved another original in his possession. Jones v. Mason, (La. 1958) 99 S. (2d) 46.

Recommended Citation

John W. Gelder, Wills - Revocation - Loss of a Duplicate Will, 56 Mich. L. Rev. 1036 (1958).
Available at: https://repository.law.umich.edu/mlr/vol56/iss6/17