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PUTNEY v. PUTNEY

487 A.2d 1125 (1984)

Helen S. PUTNEY, Petitioner-Below, Appellant, v. Thomas W. PUTNEY and Hilton Putney, Caveators-Below, Appellees.

Supreme Court of Delaware.

Decided: October 26, 1984.

Attorney(s) appearing for the Case

Carl Schnee (argued) and Elizabeth M. McGeever of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellant.

Ben T. Castle (argued) of Young, Conaway, Stargatt & Taylor, and Thomas F. Luce, Wilmington, for appellees.

Before HERRMANN, C.J., McNEILLY, HORSEY, CHRISTIE, JJ., and STIFTEL, Judge.

McNEILLY, Justice:

This appeal is from a decision and order of the Court of Chancery refusing probate of a conformed photocopy of a will executed by Ellison W. Putney on January 13, 1978 (the "1978 Will"). In refusing probate the Court of Chancery found that the petitioner for probate, Helen Putney, had failed to sustain her burden of overcoming the presumption that testator destroyed the 1978 Will animo revocandi. We agree and affirm the decision of the Vice...

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