Photocopy of Contract Not to Change Will Was Inadmissable

A photocopy of an alleged contract between a husband and wife not to change their wills was properly ruled to be inadmissable as evidence under the “best evidence rule” of Pa.R.E. 1002 because there was a “genuine issue” as to authenticity. The burden of proof was on the proponent of the contract to prove that the contract was authentic and not on the challenger to the contract to prove forgery. In re: Estate of Kathy A. MacRae, Deceased, 549 MDA 2023 (Pa. Super. 4/22/2024) (non-precedential).

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