Ordered that the order is reversed, on the law, with costs, the motion is granted, and the petition is dismissed.
The objectants contend that they are entitled to summary judgment because the petitioner has failed to come forward with sufficient evidence to overcome the presumption that the testator's lost will was revoked. We agree. At common law, "[w]hen a will previously executed cannot be found after the death of the testator, there is a strong presumption that...
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