The presumption that a will traced to the testator's possession but not found after death was destroyed with intent to revoke does not arise where the will was not in the testator's exclusive possession, particularly where another person had sole physical access to it. A trial judge may revise ex tempore reasons provided the substance is not altered and the orders are not affected. The usual indicia of a de facto relationship may take on a different character where the claimant has unconscientiously assumed a position of influence over the other party.
The full text is available to signed-in members, including the 75 later cases that cite this judgment.
9 of the 75 citing cases carry a classified treatment. How each court treated it is available to signed-in members.