192 A. 129 | Pa. | 1937
Argued March 29, 1937. The facts show that in 1926 decedent, John W. Dalbey, executed a will which he kept along with other papers in a small wooden box in his house. He always had free access to the box up to his death. When he died neither this will nor any other could be found, and an administration was raised on his estate. His widow endeavors to have a copy of the 1926 will probated.
The court below properly held that the execution and contents of the lost will had each been satisfactorily proved by two competent witnesses as required by law: see Harrison'sEstate,
The evidence here fell short of the necessary proof to rebut the presumption that decedent, during his lifetime, voluntarily revoked the will attempted to be set up: Weber'sEstate,
The evidence required to overcome the presumption of revocation of a lost will must be positive, clear and satisfactory: Michell v. Low,
Appellant relies mainly on Glockner v. Glockner,
Decree affirmed, costs to be paid by the estate.