In re Estate of Koester, 975 N.E.2d 1115 (Ill. Ct. App. 2012)

(decedent died in 2010, his wife survived him and was appointed administrator of his estate; a few months later his wife resigned her position due to health issues; the following month, decedent’s original signed will executed in 1980 was mailed anonymously to the trial court; co-executors of decedent’s will petitioned to admit decedent’s will to probate; administrator of estate objected claiming decedent had burned a duplicate original of his will executed in 1980, so he had revoked current copy of will; decedent’s wife died shortly after the petition to admit will was filed; trial court held circumstantial evidence established will burned in front of witness was duplicate original consistent with decedent’s statements that his wife should sell farm and decedent would no longer support his brother after decedent’s death; court held duplicate copy of will was out of decedent’s control, so it was effectively revoked by the burning of the copy in decedent’s control; appellate court disagreed that evidence established duplicate wills were established or that will burned was copy of same will currently in trial court’s possession; court further held that mere revocatory intent is insufficient if no clear evidence of specific acts taken to revoke will exist; appellate court found no clear evidence of duplicate original, so no evidence current will was revoked by burning of a will in front of witness; further, administrator had burden of establishing duplicate will was not in decedent’s possession; administrator was unable to establish evidence of this requirement because will sent to court was from unknown source; will met all statutory requirements for validity, so because administrator’s burden unmet, will should have been admitted; trial court’s opinion reversed and case remanded).