A. “He did. When I was first retained as legal adviser by Mr. Ballau some nine years ago, he entrusted to my keeping, among other papers, his last will and testament.”
Q. “When Mr. Ballau made out his new will on April 2nd was this other will destroyed?”
A. “It was.”
Q. “Who destroyed it?”
A. “Mr. Ballau did.”
Q. “Do you remember what was in that will and what disposition of his property Mr. Ballau had made in it? I refer to the first will.”
A. “I never saw that will. It was handed to me sealed and I kept it in Mr. Ballau’s box along with other papers until he asked for it eight days ago. I gave it to him and he tore it up without looking at it.”
Q. “He tore it up. I see. And what did he do with the pieces?”
A. “It was at his home. There was a fire burning in the room and he threw the pieces in the fire.”
Q. “And then you drew up the second will?”