In Re Barrie's Estate

35 N.W.2d 658 (1949)

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Nature of the Case

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Facts

Mary Barrie died owning real and personal property in Illinois and real property in Iowa. She had lived in Illinois and died in Illinois. In 1924, she executed a will in Illinois. Her property was to be given to P and three other beneficiaries. She died in 1944. When found, after the death of decedent, the instrument had the word 'void' written across its face in at least five places, including the attestation clause. Also, upon the cover and upon the envelope containing same appears the word 'void' written with the name 'M. E. Barrie' and 'Mary E. Barrie.' Her will was offered for probate in Illinois. It was first admitted to probate but was later denied probate after the Illinois Supreme Court had ruled that said instrument had been revoked by cancellation and that decedent died intestate. The Illinois property was distributed by intestate succession. P went to Iowa and presented the will for probate there. Ds, the heirs of Mary, objected claiming that the revocation of the will in Illinois was binding in Iowa. The court agreed with Ds and P appealed.