Estate of Deaves

Citations

• 140 Pa. 242
• 21 A. 395
• 1891 Pa. LEXIS 835

Syllabus

<p>1. When it is shown that a will was in existence, urn-evoked, at the time of the testator’s death, and was afterwards lost or destroyed, its contents may be proved by parol and the will thus reproduced admitted to probate : Foster’s App., 87 Pa. 67 ; but the proof of the contents should be very clear, especially when the will is set up, in part at least, by the testimony of interested witnesses: Per Mr. Chief Justice Paxson.</p> <p>2. When, however, there is no proof that a will actually executed was in existence, unrevoked, at the testator’s death, but, on the contrary, it was admittedly lost in his lifetime, and yet, with knowledge thereof for months before his death, the testator declined or neglected to reproduce and republish its contents, its revocation may fairly be presumed and probate of it refused.</p>