C. O. TICE, APPELLANT,
v.
WILLSON H. CRALLE, EXECUTOR OF THE LAST WILL AND TESTAMENT OF WILLIAM W. TICE, DECEASED, AND CODICIL THERETO, AND TRUSTEE UNDER SAID WILL AND CODICIL, APPELLEE
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The Florida Supreme Court affirmed a lower court's decision to sustain a will against challenges of testamentary incapacity and undue influence, finding sufficient evidence supported the lower courts' findings.
The court held that the evidence fully sustained the adjudications of the County Judge and Circuit Court in favor of the will's validity.
“In this case the findings of the trial court and of the intermediate court are the same and' this court on appeal agrees with such findings.”
Establishes the agreement between the lower courts and the appellate court's concurrence.
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Join FLexlaw to unlock all legal intelligenceThe case involved a contest over a will, with the appellant alleging testamentary incapacity and undue influence on the part of the testator. The Coun…
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Per Curiam.
In a contest over a will predicated upon the alleged testamentary incapacity of the testatofl and undue influence exerted over him, the County Judge originally and the Circuit Judge on appeal sustained the will. On appeal here the transcript has been duly considered and the evidence is found to sustain the findings of the two courts below.
In Newman v. Smith, 77 Fla. 667, 82 South. Rep. 286, the finding of the County Judge was reversed by the Circuit Judge and this court agreed with the findings of the County Judge who heard the testimony when it was taken.
In this case the findings of the trial court and of the intermediate court are the same and' this court on appeal agrees with such findings. • •
Where the testamentary capacity of a testator and alleged undue' influence over him in making a will are-adjudged by the County Judge on evidence taken before him and the will is sustained for probate,' and such adjudication is, on appeal, affirmed by the Circuit Court, and the evidence, without reference to the burden of proof, fully sustains the adjudication in favor of the validity of the will, this court will not, on appeal, disturb such adjudications.
Decree affirmed.
Browne, C. J., and Taylor, Wiiitfiei.d, Ellis and
West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Est. of Percy Edmunds, 214 So. 2d 65 (Fla. 4th DCA 1968)…nt evidence and that there is no showing that the probate court judge misapprehended the legal effect of the proofs. In re Kiggins’ Estate, Fla. 1953, 67 So. 2d 915; In re Aldrich’s Estate, 1941, 148 Fla. 121, 3 So. 2d 856; and Tice v. Cralle, 1921, 81 Fla. 140, 87 So. 314. WALDEN, C. J., and REED and OWEN, JJ., concur.…
Authorities Cited
- Willo v. Newman, 77 Fla. 667 (Fla. 1919)