Speer executed a will that
named Harrison as the primary beneficiary.
Speer kept the original, and
gave a photocopy to Harrison.
Speer later decided to revoke her will. She told her attorney. He
physically ripped the will into several pieces, and mailed the pieces to
Speer along with a letter from the attorney advising her that she was now
without a will.
The ripped up pieces were
lost.
Speer died. Harrison stepped
forward with the copy of the will and asked for $$$. Bird, the executor,
objected.
The Probate Court ruled that
the will was revoked.
The Probate Court found that
the will was destroyed by Speer's attorney at her direction, but not in
her presence (which doesn't count).
There could be no
ratification of the destruction of the will without the pieces.
However, the fact the pieces
were missing created the presumption that Speers revoked the will herself after she received the pieces
in the mail.
The Alabama Supreme Court
affirmed.
The Alabama Supreme Court
found that since Speer received the pieces before her death, and they are
missing now, a presumption arises that she destroyed the will.
This presumption is
rebuttable, but Harrison did not show evidence to rebut.
It was noted that a will is revoked by destroying the original. Once
accomplished, this nullifies all duplicates and copies.
