Johnson v. Fitzgerald

Lonnie L. Michael died in 2010. He had executed a will in 2002. The original of that will could not be found. Nevertheless, Michael King Fitzgerald, who was named executor in the 2002 will, offered a copy of the will for probate in solemn form, requesting that it be admitted to probate upon proper proof. Danny Johnson, Michael Gwirtz, and Patricia Gwirtz, the Testator's heirs at law, filed a caveat, asserting that the 2002 will had been revoked by the Testator's subsequent destruction of it. After hearing evidence and argument, the probate court admitted the will to probate. Caveators appealed to the superior court, and the case was tried before a jury, which found in favor of the propounded will, which the trial court then admitted to probate in solemn form. After the denial of their motion for new trial, Caveators appealed to the Supreme Court. Finding no reversible error, the Supreme Court affirmed. View "Johnson v. Fitzgerald" on Justia Law