Willie Mae Arant executed her Last Will and Testament in her home with two witnesses present. The original will could not be found after Arant’s death, so a copy of the will was filed and admitted in...


Willie Mae Arant executed her Last Will and Testament in her home with two witnesses present. The original will could not be found after Arant’s death, so a copy of the will was filed and admitted in Probate Court. The will left the bulk of the estate to Melvin Bolton, Arant’s nephew, and Kent Sutcliffe, Arant’s grandson. The evidence tended to show that the last verifiable location of the will was in Arant’s attorney’s office. Moreover, Arant told the witnesses to the will that she intended to have the will left with her attorney. Arant’s only surviving daughter filed a suit challenging the probate of the will on the ground that because the original will could not be found, it had been destroyed with the intent to revoke it. What factors should the court consider in deciding whether to probate the will? Explain.



Dec 24, 2021
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