In re Manney's Estate

Summary

The court considered whether sufficient evidence established that a missing 1946 will contained a clause revoking prior wills. Relying on testimony from the drafting attorney, a beneficiary, and corroborating witnesses, the court held that the evidence supported the probate court’s finding. The court reversed the Circuit Court and reinstated the probate court’s determination.

Holdings

1. The evidence was sufficient to support the finding that the 1946 will contained the usual clause revoking prior wills.
2. The circuit court should not have reversed the probate court because the probate judge could reasonably reach the conclusion that the 1946 will contained a revocation clause, and the probate judge's finding was not clearly erroneous.

Questions Presented

1. Whether the evidence was sufficient to establish that the decedent's 1946 will contained the usual clause revoking all prior wills.
2. Whether the circuit court properly disturbed the probate court's factual determination after the probate judge heard and observed the witnesses.

Disposition

reversed