Oliva-Foster v. Oliva

Patrick Oliva executed a first will naming his wife Judith as primary beneficiary, then executed a second will and, immediately upon returning home, had Judith destroy the first will in his presence; after his death, his children (plaintiffs) contested the second will as improperly executed and argued the destroyed first will remained revoked, meaning the estate should pass by intestate succession, while Judith (defendant) argued the first will should be revived under dependent relative revocation. The trial court ruled for Judith, and the children appealed.