Kelly v. Donaldson

456 So.2d 30 (Ala. 1984)

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Nature of the Case

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Facts

A will was offered for probate, and it was contested under an alleged revocation. The proponent of the will was the sole beneficiary of the will, and the sole evidence in support of her position was her testimony that the decedent executed the lawyer drawn will in duplicate originals, retained one copy, and gave the other to the proponent. After the decedent's death, the retained copy could not be found. The jury gave the verdict to the proponent. The appeal resulted.