Coghlin v. Coghlin

Citations

• 79 Ohio St. (N.S.) 71

Syllabus

<p>Contest of will — Evidence that page of will was removed and torn— No proof of revocation — Evidence that testator later regarded instrument as will — Admissible.</p> <p>1. In the contest of the validity of a will which has been admitted to probate, the ground of contest being that the testator in - his life time had destroyed the will with the intention of revoking it, the allegation that the will was revoked is not sustained by evidence showing that the testator removed from the instrument and tore one of its several pages leaving the will otherwise intact and evincing an intention to preserve it.</p> <p>2. In such case, for the purpose of showing the intent with which the page had been removed, it is competent to show that after it has been restored the testator regarded the instrument as his will. Behrens v. Behrens, 47 Ohio St., 323, approved and followed.</p>