Proponent of one of the wills is attempting to probate. There is a revocation involved. You must proved that your will was not revoked. You have the burden of proving which of the two wills was created last. There is going to be no will probated. Court talks about the presumption of no revocation. A presumption which will carry your burden if there is nothing to the contrary.
Lost wills Ashley case you have to prove up the instrument that revokes – this shifts the Burden of Proof. Dissenting opinion is attempting to say that that will is going to be allowed unless revocation is proven. It is difficult to frame a negative issue. Rule 76a deals with the possibility of a lost will. The key words we want there is lost and destroyed. We know there’s a will but we don’t know where it is. The cause of nonproduction must be proven and must be satisfied by due diligence. You first must show why you cannot produce the will. You must prove content by testimony by credible witness who has heard the will and read it. You must prove the content of what the will said.