Estate of Coolman

The proponents of an alleged lost or destroyed last will and testament of John H. Coolman, deceased, appeal from an order and decree denying probate of the same and directing the issuance of letters of administration.

The facts of the case are ' not controverted. It appears that the testator called at the offices of his counsel on No vember 14, 1928, and discussed the matter of altering his will, which he then had in his possession; that on the following day he again visited said offices, at which time counsel observed the will in his possession. He then suggested that he desired making “some little amendments” thereof. Two days later he contracted illness which on November 22d proved fatal. At some time between 2 o’clock P. M. and 6 o’clock P. M. of November 20th, the deceased had stated to a relative that he intended making changes in his will, and “that he was not satisfied with his will”, that “he intended to make some more changes and they were to be beneficial to me”. At about 7 o’clock P. M. of the same day he had passed into a coma from which he did not revive. Following his demise certain of the decedent’s clothing, and his will, were missed, and subsequent search failed…