Bailey v. Kennedy

Katherine G. Bailey died in 1964. A will which had been executed in 1961 together with a codicil to the will executed in 1962 was offered for probate by those who are here as defendants in error. We will refer to them as the proponents. At the hearing for probate of the will and codicil, Morrisons heirs offered a copy of another will executed in 1963 which contains an express clause revoking all previous wills. It is not disputed that the original 1963 will was itself revoked by Katherine G. Bailey by her tearing and destroying it. A copy of the 1963 will, although not legally entitled to probate as a lost will, was nevertheless proven to have been duly executed in accordance with C.R.S. 1963, 153-5-2.