Jane Manson v. Fremont B. Hayes

Summary

The Florida Third District Court of Appeal affirmed an order refusing to admit Raymond M. Hayes's will to probate. The court held that competent substantial evidence supported the trial court's resolution of conflicting witness testimony concerning compliance with statutory will-execution formalities. Because the required formalities were not established, the statutory assurance regarding the validity and circumstances of the signature was lacking.

Holdings

1. The trial court's refusal to admit the will to probate was supported by competent substantial evidence and was affirmed.
2. The order refusing probate was properly affirmed because the evidence supported the finding that the statutory execution formalities had not been complied with.

Questions Presented

1. Whether the trial court properly refused to admit the will to probate when the attesting witnesses gave conflicting testimony concerning compliance with the statutory execution formalities.
2. Whether competent substantial evidence supported the trial court's resolution of the witness credibility conflict and its conclusion that the will was not properly executed.

Disposition

affirmed