KELLY V. DONALDSON
456 So.2d 30 (Ala. 1984)
NATURE OF THE CASE: This was a dispute over an alleged revocation.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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