IN RE ESTATE OF MELBA R. JERKINS, ALSO KNOWN AS MELBA MICKLE ROBBINS JERKINS, DECEASED
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves an appeal from an order admitting a will to probate. The appellate court affirmed the lower court's decision, finding that the evidence supported the admission of the will.
The appellate court held that the judgment admitting the will to probate was supported by the evidence presented to the lower court.
“This is an appeal from an order admitting a will to probate entered by a circuit judge presiding in the county Judge's Court of Escambia County, Florida, in the absence of the county judge.”
Describes the procedural posture and the nature of the lower court's decision being appealed.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case concerns an appeal from a circuit judge's order admitting a will to probate in the county Judge's Court. The primary issue was whether the de…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Revocation Of Will cases and more on FLexlaw
This is an appeal from an order admitting a will to probate entered by a circuit judge presiding in the county Judge’s Court of Escambia County, Florida, in the absence of the county judge.
The principal question before the court below was whether the decedent’s will had been revoked by her prior to her death. Extensive evidence was given by numerous witnesses presented both by the proponents and the contestants of the will. The evidence thus given required findings of fact to be made by the trier of fact, who in this case was an able and experienced trial judge. Having heard the witnesses presented by the parties, the trier of fact resolved the evidence in favor of the proponents of the will and entered his order admitting same to probate.
We have reviewed the record on appeal, briefs, and arguments submitted to the court and upon consideration thereof it appears that the judgment appealed is supported by the evidence considered by the lower court.
Accordingly, the judgment of the court below must be and is hereby affirmed.
WIGGINTON, C. J., and JOHNSON and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
Posner v. Sari Posner, 233 So. 2d 381 (Fla. 1970)…view of the cases which have considered the court’s statutory power to modify agreed or awarded alimony makes it clear that such power should be exercised only in the face of the strongest and most compelling reasons. See for example Ohmes v. Ohmes, 200 So. 2d 849 (Fla.App. 1967), and cases cited therein. Mere ability on the part of the husband to pay more than the amount awarded or agreed upon is not a proper basis for relief under the subject statute. The husband’s ability is to be considered only after the…
-
Lang v. Lang, 252 So. 2d 809 (Fla. 4th DCA 1971)…usband has changed since the execution of such agreement * * * It has been held that this statute becomes a part of all contracts or agreements between the parties to the same extent as if written therein in haec verba. Ohmes v. Ohmes, Fla.App.1967, 200 So. 2d 849. [*812] The fact that the settlement agreements in question contained a provision requiring written consent of the parties to modify and were executed in the State of New York does not and cannot divest a court of the authority to modify such agreem…
-
Scott v. Scott, 285 So. 2d 423 (Fla. 2d DCA 1973)…ony is based upon agreement a heavier burden rests upon a party seeking a modification than would otherwise be required. Fowler v. Fowler, Fla. App.1959, 112 So. 2d 411; Nixon v. Nixon, Fla.App.1967, 200 So. 2d 263; and Ohmes v. Ohmes, Fla.App.1967, 200 So. 2d 849. In considering modification the court can and should take into consideration all factors and contrast the total circumstances at the time of the original order with all the current circumstances. Although empowered to do otherwise, a trial judge is…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence