Probate
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Case Details
An Illinois Appellate Court case where the court determined there was enough evidence to allow a copy of Mr. Frakes's stolen will to be admitted to probate, despite the original being missing.
Additional Notes
The officer that responded to the burglary testified that Mr. Frakes had stated the robber had stolen his Will. In addition, Mr. Frakes’s long-time attorney testified that he had drafted his previous Wills and the Will that was stolen. Mr. Frakes’s attorney also stated that Mr. Frakes did not revoke or want to terminate his Will. That evidence was enough for the court to allow a copy of the Will to be admitted. However, the court also cautioned that evidence of a robbery or theft alone is not enough evidence to show that a decedent did not revoke or cancel his Will.
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