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Wills-Probate Of Lost Will-Meaning Of "Lost" In Statutes Of Limitations, John A. Hellstrom

Michigan Law Review

More than twenty years had elapsed between testatrix' death and the date of filing of petition for probate of her will. Testatrix' son, a sole beneficiary, had searched for the will without success and it could not be found by the register of probate on his initial search. However, the register eventually discovered the will in his inactive files. Two other brothers had seen the will in the probate office but had said nothing. Held, the will was ''lost" within the meaning of a statute which provided that the twenty year statute of limitations should not run during the …