Summary
The Florida Fifth District Court of Appeal affirmed the denial of a petition to revoke probate of Francis N. Edwards's last will. The court held that the evidence supported the trial court's finding that Edwards possessed testamentary capacity and was not acting under an insane delusion when he executed the will. The court declined to address other issues that depended on invalidity of the will.
Holdings
- The evidence was more than sufficient to support the trial court's finding that Edwards possessed testamentary capacity to execute the will.
- Edwards was not suffering from an insane delusion when he executed the will because his feelings and beliefs about his family arose from reasoning based on known premises and had a basis in actual events.
Questions Presented
- Whether Edwards had testamentary capacity when he executed his October 29, 1981 will.
- Whether Edwards's suspicions and beliefs about his family constituted an insane delusion invalidating the will.
Disposition
affirmed
Cases Cited (6)
- In re Wilmott's Estate, In re Wilmott's Estate, 66 So. 2d 465, 467 (Fla. 1953)(followed)
- In re Estate of Dunson, 141 So. 2d 601 (Fla. 2d DCA 1962)(followed)
- Hooper v. Stokes, Hooper v. Stokes, 107 Fla. 607, 145 So. 855, 856 (Fla. 1933)(followed)
- In re Estate of Supplee, 247 So. 2d 488 (Fla. 2d DCA 1971)(followed)
- Zinnser v. Gregory, 77 So. 2d 611 (Fla. 1955)(followed)
- In re Estate of Hodtum, 267 So. 2d 686 (Fla. 2d DCA 1972)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…