Hooper v. Stokes, 107 Fla. 607

Summary

The Florida Supreme Court affirmed a circuit court decree upholding the probate of George C. Hooper's will. The court held that the evidence did not establish that the testator was dominated by monomania or an insane delusion when he executed the will, despite the will's harsh treatment of his son and evidence of family hostility. The court recognized the right of a testator, absent an illegal purpose, to disinherit children and leave property to others.

Holdings

1. The evidence did not establish that the testator suffered from a diseased or deranged mental condition or an insane delusion when he executed the will. His conduct and the will's terms reflected resentment and a depraved or vulgar disposition, not mental disease, and the will was therefore not invalid on that ground.
2. The probate judge's decree should not be sustained because he misapprehended the legal effect of the evidence as an entirety; the circuit court correctly reversed the probate decree.
3. Absent an illegal purpose, a testator may disinherit a child and leave property to strangers; the testator's expressed intent controls interpretation of the will rather than another person's assessment of the testator's moral duty.

Questions Presented

1. Whether the evidence established that the testator suffered from and was dominated by monomania or an insane delusion when he executed his will, so as to justify revoking probate.
2. Whether the probate judge correctly assessed the legal effect of the evidence as a whole.

Disposition

affirmed