JANICE DAVIS BOELTER and RICHARD DAVIS v. JACKIE CURTUS REAGAN, ET AL. (Tenn. Ct. App. May 19, 2011)
Decedent executed a will in 1988 which could not be found upon her death. Decedent's stepchildren sought to establish a copy of the 1988 will as Decedent's last will and testament, but the trial court found that they had failed to rebut the presumption that the will had been destroyed and revoked. We find that Appellants failed to prove that Decedent did not revoke her will. Accordingly, we affirm the trial court's involuntary dismissal of Appellants' claim as well as its order that Decedent's Estate be administered as an intestate estate.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/boelterj_051911.pdf
