MINITER v. IRWIN


331 Mass. 8 (1954)

116 N.E.2d 567

JOHN E. MINITER & another vs. WILLIAM J. IRWIN & others.

Supreme Judicial Court of Massachusetts, Essex.

January 4, 1954.


Attorney(s) appearing for the Case

Richard L. Sisk, for the petitioners.

Jerome E. Rosen, for the respondents.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & COUNIHAN, JJ.


WILKINS, J.

Edward M. Irwin duly executed a will on December 12, 1936. He also executed a duplicate which was a carbon copy but otherwise identical in all respects even to the signatures of the same witnesses in the same order. After his death on December 20, 1951, the original could not be found. There was no direct testimony as to its whereabouts after execution, but the most likely inference is that it was taken by the testator. The subject of this petition for...

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