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10.9-3 Unlawfully Concealing a Will -- § 53a-131
Revised to December 1, 2007
The defendant is charged [in count __] with unlawfully concealing a will. The statute defining this offense reads in pertinent part as follows:
a person is guilty of unlawfully concealing a will when, with intent to defraud, (he/she) conceals, secrets, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Existence of a will
The first element is that there was a
will, codicil or other testamentary instrument. A will is an instrument by
which one disposes of (his/her) property, to take effect at (his/her) death. <Describe
the alleged document.>
Element 2 - Concealed the will
The second element is that the
defendant concealed, secreted, suppressed or mutilated the <identify document>.
Element 3 - Intent
The third element is that the
defendant acted with the intent to defraud. <See
Intent to Defraud, Instruction 2.3-6.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) a will, codicil or other testamentary instrument existed, 2) the defendant <insert specific allegations>, and 3) (he/she) did so with the intent to defraud.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
unlawfully concealing a will, then you shall find the defendant guilty. On the
other hand, if you unanimously find that the state has failed to prove beyond a
reasonable doubt any of the elements, you shall then find the defendant not
guilty.