1. Burden of Proof Has will been revoked?

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

3. 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

4. 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.

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

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

7. 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.

8. In re Estate of Catlin – p. 177