Estate of Kidder

Citations

• 66 Cal. 487
• 6 P. 326
• 1885 Cal. LEXIS 481

Syllabus

<p>Will—Fraudulent Destruction—Petition for Probate—Pleadings.—The petition for the probate of a will alleged to have been fraudulently destroyed during the life-time of the testator, must specifically state the facts and circumstances constituting the fraud. Whether there was afraudulent destruction, is a question of fact to be proved.</p> <p>Id.—Evidence of Contents of Will.—On an application to have a lost will admitted to probate, under section 1339 of the Code of Civil Procedure, the provisions of the will must be clearly and distinctly proved by at least two credible witnesses.</p> <p>Id.—Evidence Insufficient.—The evidence showed that at the time of the destruction of the will, the testatrix was very ill in bed, and in a semi-comatose condition ; her attendant handed her the will, and immediately after-wards she saw it in the fire, but made no attempt to rescue it. Whether the will was thrown into the fire by the testatrix, or accidentally fell there, was not shown. Meld, that the evidence did not prove a fraudulent destruction of the will by the attendant.</p>