In re Barret's Estate

Summary

The Florida Supreme Court considered whether the executor named in an earlier will could petition to revoke probate of a later will and seek probate of the earlier will. The court held that the executor lacked standing to pursue the revocation and probate petition in that capacity, but that the residuary legatee under the earlier will could pursue the challenge. The court affirmed the decree allowing the petition to address both wills in the same proceeding.

Holdings

1. The dismissal of the petition as to M.L. Stephens was proper because the governing Florida probate statute and controlling Florida precedent did not permit the executor of an earlier, unprobated will to pursue revocation of the later will and probate of the earlier will in these circumstances.
2. The request to probate the first will was properly allowed to remain in the petition while the challenge to the second will was litigated. A single petition may seek revocation of probate of the later will and probate of the earlier will when the earlier will would become operative if the later will is invalidated.

Questions Presented

1. Whether the circuit court erred in affirming dismissal of M.L. Stephens's petition to revoke probate of the second will and probate the first will while Stephens acted only as executor under the unprobated first will.
2. Whether a petition may simultaneously seek revocation of probate of a later will and probate of an earlier will, or whether the request to probate the earlier will should be stricken while the later will remains admitted to probate.

Disposition

affirmed