This section contains the nature of the case and procedural background.

Testatrix executed a will and codicil. Thereafter, she wished to revoke both instruments and instructed her attorney to destroy them. Her attorney convinced her not to have them destroyed, and to keep them as memoranda in case she decided to have a new will drafted. Notes to this effect were handwritten by testatrix's attorney on separate pieces of paper, signed by testatrix, and physically attached to the will and codicil. After testatrix's death, some of the beneficiaries of the will and codicil (D) attempted to have them probated. A jury found that the instruments were valid, and the court below ordered them to be admitted to probate. Testatrix's heirs (P) appeal.

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