Sturm v. Gibson

Summary

The Florida District Court of Appeal reviewed an order denying revocation of probate of Della Swan’s will. The court held that although a confidential relationship existed between the beneficiary and the testatrix, the record did not show that the beneficiary participated in procuring execution of the will or otherwise exerted undue influence. The probate court’s order was affirmed.

Holdings

1. The will was not shown to have been procured through undue influence. Although Gibson had a confidential relationship with the testatrix, the record did not show that he participated in procuring execution of the will.
2. The probate court's decision would not be disturbed absent a palpable misconception of fact or manifest misapprehension or misapplication of law.

Questions Presented

1. Whether the evidence established that Wayne Gibson exercised undue influence sufficient to revoke probate of Della Swan's will.
2. Whether the county judge's factual findings and treatment of the evidence warranted appellate disturbance.

Disposition

affirmed