In the Matter of the Estate of R. Walter Delion, James Emmett Royce, as Guardian Ad Litem for Louisa Ann Virginia…

Summary

The court affirmed the denial of a petition challenging the rejection of R. Walter DeLion's will for probate. Although the evidence supported the conclusion that DeLion intended to replace the instrument rather than immediately revoke it, the contestant failed to satisfy the heightened statutory burden required to establish the validity of a rejected will. The court therefore declined to admit the instrument to probate.