Scott L. Graham (Graham) died on the 13th of May, 2013. Graham signed his will and acknowledged the same in the presence of the attesting witnesses Donald F. Marlar (Marlar) and Rita Gassaway (Gassaway) on November 11, 1998. Affidavits were submitted by Leah Phillips, notary, and Rita J. Gassaway, attorney at law. Marlar was deceased prior to this case.

Affidavit from Rita Gassaway (Gassaway) states
1. She was personally familiar with Decedent during his lifetime.
2. That on November 11, 1998, Decedent executed his Will.
3. That Marlar and herself were familiar with the contents of the will, and they were witnesses to the signing of the will.
4. That her belief was Marlar took the original will to his new office and subsequently passed away. …show more content…
That she requested the original will from Marlar’s former law office but it could not be found.
6. Although the fully-executed original Will is misplaced, she believes the will existed on the date of death of Graham and was not revoked, amended or otherwise revised in any manner.
7. The photocopy of the original will attached to the petition is a true and correct copy of the fully-executed will.

Affidavit from Leah Phillips, (Phillips) states
1. That she knew Graham on the date of the copy of the will shown to her, and the signature in the copy was indeed hers.
2. That she knew the subscribing witnesses on that date.
3. The will was signed by Graham at Pray, Walker, Jackman, Williamson & Marlar Law Firm on the date found in the copy in the presence of Gassaway, Marlar, and herself.
4. That on that date, Graham declared the Will he signed as being his to Gassaway, Marlar, and herself.

Order Admitting Lost Will
1. That the instrument propounded herein for probate is a Will duly executed by Graham and witnessed and notarized in accordance with 84 Okla Stat. § 55 and was executed in all particulars as required by law and should be admitted to probate.
2. That the instrument is established as a valid Will.

Comparison To Our …show more content…
Like the affidavit from Gassaway, we had Warner testify that he believed the copy presented as a true and correct copy of the original, the copy had the proper date on it, that he was familiar with the Will, that he believed the Will existed at the time of death of Decedent, that he was personally familiar with Decedent, and that the other attesting witness signed the Will. Not only that, but Warner’s testimony holds more weight since he was the drafting attorney of the original Will, he retained the original Will, and he believed he was Decedent’s only attorney throughout their professional relationship. With the statements presented by Warner alone, it should satisfy the existence of the Will at the time of Decedent’s death and fulfills one of the witnesses required to clearly and distinctly prove the contents of the Will. Aber’s testimony that Warner retained the original, and that Decedent or herself never possessed the original further strengthens the existence of the will at the time of death of