- 21 - In the instant case, we acknowledge that respondent’s earlier filings contain statements which would seem to negate any intent to rely on a revocation theory. Nonetheless, we also note that it is at least questionable whether there exists the type of potential for prejudice that should preclude its consideration. The above-described rule focuses primarily on an inability to present evidence. Here, however, both parties are apparently willing to accept that there is no evidence which could be produced to establish specifics regarding the creation, content, and disappearance of the alleged instrument. They rather are primarily arguing about the legal consequences of this absence. Given these rather unusual circumstances and because, as explained below, we agree with the estate’s interpretation of the substantive Georgia law, we find it unnecessary, and decline, to rest our disposition of this issue on procedural grounds alone. The interpretation of wills, with respect to determining the legal rights and interests created thereunder, is governed by State law. See Helvering v. Stuart, 317 U.S. 154, 161-162 (1942); Morgan v. Commissioner, 309 U.S. 78, 80-81 (1940). The parties here do not dispute that the relevant body of law is that of the State of Georgia, and we so proceed. Ga. Code Ann. section 53-2-72 (1997) reads as follows: 53-2-72. Distinction between express and implied revocation. (a) A revocation may be either express or implied.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011