Burden of Proof Has will been revoked?

Statutory Burden -- EC § 256.152 Applicant must prove testator did not revoke the will. How prove a negative?

Presumption of Non-Revocation Ashley v. Usher – p. 172 Source of will “normal” Person to whom testator delivered it, or Among testator’s valuable papers and No suspicious circumstances

Presumption of Revocation Mingo v. Mingo – p. 175 Testator possessed original will when last seen and it cannot be found after death. Thus, presumption of revocation. However, rebuttable by preponderance of the evidence.

Proof of Lost Will -- EC § 256.156 1. Cause of non-production.

Proof of Lost Will -- EC § 256.156 2. Court satisfied original cannot be produced by reasonable diligence.

Proof of Lost Will -- EC § 256.156 3. Prove contents of will by testimony of someone who: read the will, heard the will read aloud, or can identify a copy.

In re Estate of Catlin – p. 177