Newman v. Newman

Summary

The Florida appellate court affirmed orders concerning the estate of A.M. Newman, holding that Arthur Newman lacked standing to challenge his father's 1962 will because an earlier facially valid will effectively disinherited him. The court also held that the devise to Arthur's stepmother did not lapse upon her death because Arthur's will contest intentionally delayed distribution of the estate.

Holdings

1. Arthur lacked standing to challenge the validity of the 1962 will because he failed to show that the earlier 1954 will, which effectively disinherited him by leaving him one dollar, was invalid.
2. Ethel's devise did not lapse merely because she died before distribution of the estate.

Questions Presented

1. Whether Arthur had standing to challenge the probate of the 1962 will when an earlier facially valid 1954 will left him only one dollar and had not been challenged.
2. Whether Ethel's devise under the 1962 will lapsed because she died before distribution of the estate.
3. Whether Arthur could benefit from delaying distribution of the estate until Ethel died.

Disposition

affirmed