In re Estate of Helen Page Winslow; Cathryn L. Lown v. Charlotte B. Patterson

Summary

The Florida Second District Court of Appeal reviewed an order denying probate of Helen Page Winslow's will and codicil on the ground of undue influence. The court held that substantial competent evidence supported the probate judge's finding that Cathryn L. Lown dominated Winslow and improperly substituted her own testamentary intent, and affirmed the order.

Holdings

1. The record contained substantial competent evidence supporting the probate judge's conclusion that Cathryn L. Lown improperly dominated Helen Page Winslow and substituted her own will for Winslow's in the disposition of her estate.
2. The probate court's findings would not be disturbed because the record disclosed no palpable misconception of the facts or manifest misapprehension or misapplication of the law.

Questions Presented

1. Whether substantial competent evidence supported the probate court's finding that Cathryn L. Lown exercised undue influence over Helen Page Winslow in the execution of the will and codicil.
2. Whether the probate court's findings of fact and denial of probate should be disturbed on appeal.

Disposition

affirmed