In the Matter of the Estate of Robyn R. Lewis, Deceased. James Robert Simmons, Respondent; Meredith M. Stewart Et…

Summary

The Court held that the alleged later will could not revoke the 1996 will because it was not shown to have been executed with the formalities required for a will. The evidence concerning multiple counterparts of the 1996 will and the failure to find any counterpart after a thorough search raised a presumption of revocation by destruction, but the petitioner had not been given a fair opportunity to litigate and rebut that presumption. The Court therefore remitted the matter for further proceedings and affirmed the order as modified. Judge Pigott, concurring, agreed with remittal but would have left the factual questions concerning the counterparts entirely to the Surrogate without suggesting their likely resolution.