Estate of Obernolte v. Caskey

Dona Wilson appeals from an order denying her petition for revocation of the probate of a will of Jennie Vessels Obernolte, deceased, executed some two months before her death on December 21, 1974. The appeal lies. (Prob. Code, § 1240.)

The fundamental issue on this appeal is whether there was before the trial court substantial evidence to support its key finding of fact “[t]hat [it] is equally probable that if decedent’s copy of Will was destroyed, it was destroyed by someone other than the decedent.” We conclude that there was and we will therefore affirm.

Facts

On October 17, 1974, the decedent, being of sound mind, duly executed in the office of her attorney, Mr. Forde, an original and a duplicate original of a will under which she left her estate, share and share alike, to her only child, the just-mentioned petitioner, Dona Wilson, Mrs. Wilson’s two children, and the decedent’s sister and two brothers. She apparently took the original of the will home to her apartment and placed it in a cedar chest in her bedroom. She kept this chest locked and she and her sister had the only two keys to it.

The only person living with the decedent, off and on, was her handyman,…