ISSUES PRESENTED
Where a validly executed will was last seen or accounted for in the possession of the decedent, or in a place where the decedent had ready access to it, and it cannot be found after the deceased's death, the presumption arises that the testator destroyed it with the intention of revoking it. Proponents cannot locate Decedent’s original Will, the Will was in the possession of the Decedent, and there is no evidence to rebut the presumption of revocation of the Will. Is summary judgment proper that there is no evidence to rebut the presumption of revocation?
ANALYSIS AND AUTHORITY
A. PROPONENTS CANNOT FIND DECEDENT’S WILL, THE WILL WAS LAST KNOWN TO BE IN DECEDENT’S POSSESSION, AND HAVE NO EVIDENCE TO REBUT THE PRESUMPTION OF REVOCATION
(1) that the Will submitted in this case is a copy; (2) that the original will that was in the possession of the Decedent cannot be located; and (3) that there is no evidence to rebut the presumption of revocation of the Will. Thus, as a matter of law it can be determined that there was no Will and Decedent’s estate should be divided by the rules of intestacy under Texas law.