Presumption That a Lost Will Last in the Possession of Testator Has Been Revoked Not Superseded by UPC

The court In re Estate of Conley, 753 N.W.2d 384 (N.D. 2008), held that the common law presumption that a lost will last in the possession of the testator is presumed to have been destroyed by the testator with the intent to revoke it is part of the law of North Dakota, even though it is not part of the Uniform Probate Code provisions adopted by the state. In accord with provisions governing presumptions in civil cases generally, for the lost will to be admitted to probate, the presumption must be rebutted by the preponderance of the evidence.