Where a testator is shown to have intended to execute a will, and the evidence is consistent with that intention having been carried into effect, the court may infer due execution pursuant to the maxim omnia praesumentur rite esse acta even in the absence of any direct evidence of execution or attestation, and even where the subscribing witnesses cannot be identified. The presumption of destruction animo revocandi may be rebutted where the testator continued to refer to the will as current, there was no change in family circumstances, and the physical conditions of the testator's home made inadvertent loss probable.
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