LOST PAPERS. When a paper containing an agreement between parties, a will, and the like, has been so mislaid, that after a diligent search it cannot be found, it is said to be lost.
2. When such a document has been lost, and it is required to prove its contents, the party must prove that he has made diligent search, and, in good faith, exhausted all sources of information accessible to him. For this purpose bis own affidavit is sufficient. 1 Atk. 446; 1 Greenl. Ev. §349. On being satisfied of this, the court will allow secondary evidence to be given of its contents. See Evidence.
3. Even a will proved to be lost, may be admitted to probate, upon secondary evidence. 1 Greenl. Ev. §84, 509, 575; 2 Greenl. Ev. §668, a, 2d ed. But the fact of the loss must be proved by the clearest evidence, because it may have been destroyed by the testator animo revocandi. 8 Mete. 487; 2 Addams, 223; 6 Wend. 173; 1 Hagg. Eccl. R. 115; 3 Pick. 67; 5 B. Munroe, 58; 2 Curt. 913.
LOST OR NOT LOST. These words are sometimes inserted in policies of marine insurance. They are used when the underwriter undertakes that if the ship or goods should be lost at the time of the insurance, still the underwriter is liable, provided there is no fraud. Moll. B. 2, c. 7, s. 5; Hildy. on Mar. Ins. 10.