Hershey
Hershey v. Gore
Opinion
Lead Opinion
Vallée, J.
Francine L. Hershey, who was not related to the deceased, Abraham L. Gore, and Gloria Gore Boyd, daughter of the deecased, separately petitioned the superior court for probate of an alleged lost will of the deceased. The petitions alleged the will was executed on or about December 22, 1949. Ruth Mae Gore, surviving spouse of the deceased, filed written grounds of opposition to the petitions. The petitioners answered. In a non jury trial the court found that the deceased “did not on or about the 22nd day of December, 1949, make or execute or leave the purported lost or destroyed holographic will offered for probate by the petitioners,” and *824 he “did not make or execute or leave a Last Will and Testament or any writing purporting to be his Last Will and Testament dated the 22nd day of December, 1949. ’ ’ The court concluded “That probate of the purported lost or destroyed will offered by said petitioners and which is mentioned and set forth in their petitions and the amended petition of petitioner Francine L. Hershey shall be rejected and denied.” Judgment was entered accordingly. Francine L. Hershey appeals from the judgment and from an order denying a new trial. The order…