Lauermann

In this case we are asked to determine the meaning of the term “duplicate original” as used in Probate Code section 6124. We hold that the term does not include a photocopy not personally executed by the testator and witnesses. Accordingly, the presumption that the testator destroyed his will with the intent to revoke it will apply at the trial of the matter.

Although the procedural history of the case is somewhat complicated, the significant facts may be briefly stated. Decedent, Wemer (or Warner) Lauermann, was survived by neither spouse nor issue. In 1987 he executed a will leaving certain described real property to real parties in interest Ranu Muongpruan and her children. However, the original of this will could not be found following his death. What was found, apparently among decedent’s possessions, was a photocopy of the will. It bore no indication of intent to revoke; that is, there were no revocatory notations, crossings-out, or other defacement of the copy. (See § 6121: “burned, tom, canceled, obliterated, or destroyed . . . .”)

Real party in interest Anuchar Muongpman petitioned to have the will admitted to probate and for letters of administration with will…