In Re the Estate of Capps

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting decedent had not expressed contrary intention regarding her disposition despite being type of person who would have informed others if she had revoked or changed her will
• explaining the presumption of revocation may be overcome by circumstantial evidence
• although “original will’s absence [when last seen in testator’s possession] creates a rebuttable presumption of revocation ... that presumption can be overcome by proof and circumstances contrary to the presumption”
• “True, an original will’s absence [when last seen in testator’s possession] creates a rebuttable presumption of revocation; but that presumption can be overcome by proof and circumstances contrary to the presumption or that it was fraudulently destroyed by some other person.”
• “True, an original will’s absence [when last seen in testator’s possession] creates a rebuttable presumption of revocation; but that presumption can be overcome by proof and circumstances contrary to the presumption or that it was fraudulently destroyed by some other person.”

Source: CourtListener parenthetical corpus (CC0).