IN RE ESTATE OF PERCY EDMUNDS, A/K/A PERCY S. EDMUNDS, DECEASED
IN RE ESTATE OF PERCY EDMUNDS, A/K/A PERCY S. EDMUNDS, DECEASED
214 So. 2d 65
Florida District Court of Appeal, Fourth District (1968)
Positive Treatment
Cited by 1 case
Opinion of the Court
Appellants attack the probate of a certain Will, saying that the decedent lacked testamentary capacity and that said Will was procured by undue influence. We have examined the record in the light of the respective briefs and find that the probate judge’s rulings are supported by substantial competent 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reverend Robert Hendley, Jr. v. Forrest E. Parson, 443 So. 2d 458 (Fla. 4th DCA 1984)…le as a matter of law. In short, the members of this appellate panel do not have the prerogative of judging the credibility of witnesses. Old Equity Life Insurance Company v. Levenson, 177 So. 2d 50 (Fla. 3rd DCA 1965), and In Re: Estate of Edmunds, 214 So. 2d 65 (Fla. 4th DCA 1968). The trial judge chose to believe the testimony of witnesses which appellant would have this court reject. We cannot conclude that the court committed reversible error in this regard, and the judgment below is thus affirmed. AF…
Authorities Cited
- In re Kiggins' Estate. Kiggins v. Peterson, 67 So. 2d 915 (Fla. 1953)
- In re Est. of Charles E. Aldrich v. Acton, 148 Fla. 121 (Fla. 1941)
- Tice v. Willson H. Cralle, 81 Fla. 140 (Fla. 1921)