LOUISE JONES, APPELLANT,
v.
RUTH BERNARD, AS EXECUTRIX OF THE ESTATE OF EMMA PRICE JONES, A/K/A EMMA PRICE, DECEASED, APPELLEE

Fla. 2d DCA | 1963-09-27
No. 3873
KANNER, Acting C. J., ALLEN, J, and FUSSELL, CARROLL W., Associate Judge, concur.
156 So. 2d 766 Florida District Court of Appeal, Second District (1963) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This case is an appeal from the County Judge’s Court of Orange County in probate proceedings.

The appellant was the petitioner in the lower court and has appealed an order denying her petition for revocation of probate of the Will of appellee’s decedent. The probate judge found that the decedent possessed testamentary capacity on the date of execution of the Will and further found that no confidential relationship existed between the decedent and the chief beneficiary under the Will.

The determination of these factual matters were within the domain of the trial judge and we find there was sufficient evidence to sustain his findings of fact. We therefore affirm.

Affirmed.

KANNER, Acting C. J., ALLEN, J, and FUSSELL, CARROLL W., Associate Judge, concur.


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  • In re Est. of Sophie Agardy v. Dunn, 293 So. 2d 145 (Fla. 3d DCA 1974)
    …between the decedent and the beneficiaries under the will. The determination of these factual matters was within the domain of the trial judge and we find there was sufficient evidence to sustain his findings of fact. Jones v. Bernard, Fla.App.1963, 156 So. 2d 766. Likewise as to the execution of the deed, the trial judge determined that the testimony was insufficient to prove fraud on the part of the decedent and this finding will not be disturbed on appeal for the record adequately supports this determinat…

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