New York Court of Appeals

John Schultz and Others, Appellants v. William Schultz and Others, Respondents

September 5, 186635 N.Y. 653

Summary

The New York Court of Appeals reversed the Supreme Court's dismissal and ordered a new trial, holding that a lost or destroyed will deposited with a custodian can be proved to have existed at the testator's death by circumstantial testimony, and that the lower court erred in requiring affirmative proof of existence or fraudulent destruction.