MELVILLE WROBBEL AND HELEN WROBBEL, INDIVIDUALLY, AND AS CO-EXECUTORS OF THE ESTATE OF SUSIE A. KELLY, DECEASED, APPELLANTS,
v.
BEVERLY B. WALDA, DORIS G. BAILEY AND JOHN R. WILLIAMS, AS ADMINISTRATOR AD LITEM OF THE ESTATE OF SUSIE A. KELLY, DECEASED, APPELLEES
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The appellate court affirmed the trial court's judgment, finding the trial court's findings were supported by substantial competent evidence.
Granddaughters sued to set aside lifetime transfers made by their deceased grandmother, alleging undue influence. A fiduciary relationship was found, …
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This suit was brought by the granddaughters of Susie A. Kelly, deceased. They sought to have set aside purported gifts or transfers made by Mrs. Kelly during her lifetime to the defendants on the ground that the transfers were procured by undue influence and were therefore void.
A fiduciary relationship was found to exist between Mrs. Kelly and defendants, thus creating a presumption of undue influence and placing upon defendants the burden of proving the absolute fairness and voluntary nature of the transfers. 15 Fla. Jur., Gifts, § 23. The trial court further found that defendants failed to carry their burden with clear and convincing evidence that the questioned transfers were free from undue influence. Tallahassee Bank and Trust Company v. Brooks, Fla.App.1967, 200 So.2d 251; Crane v. Stulz, Fla.App.1961, 136 So.2d 238.
It is the duty of the appellate courts to give effect to findings made by the trier of facts if they are supported by substantial competent evidence. Rowland v. McCall, Fla.App.1960, 118 So.2d 846; In re Thompson’s Estate, Fla.1955, 84 So.2d 911; In re Kiggins’ Estate, Fla.1953, 67 So.2d 915. Since the findings of the trial court are amply supported by the record, the final judgment is
Affirmed.
WALDEN, C. J., and McCAIN and REED, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Howland v. Strahan, 219 So. 2d 472 (Fla. 3d DCA 1969)…sfers to or for the benefit of the superior person are presumed to result from the exertion of undue influence. See Wilkins v. Wilkins, 141 Fla. 188, 192 So. 791 (1940); Bartsch v. Wirth, Fla. App.1959, 115 So. 2d 18; Wrobbel v. Walda, Fla.App.1968, 217 So. 2d 340 [Fourth District Court of Appeal, filed December 30, 1968], The appellants’ second point is that the trial court erred when it refused to permit Mrs. Howland to testify as to the conditions concerning the transfers. The trial court ruled that § 90.…
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Parker v. Parker, 185 So. 3d 616 (Fla. 4th DCA 2016)…o. 2d 382, 383 (Fla. 1st DCA 1979) (entertaining suit by family member of unstated relation to cancel deed executed by decedent, on the basis of decedent’s alleged lack of capacity and a confidential relationship with the grantee); Wrobbel v. Walda, 217 So. 2d 340, 341 (Fla. 4th DCA 1968) (entertaining suit by decedent’s granddaughters to set aside gifts and transfers made by decedent on the grounds that they were the product of undue influence); Rowland v. McCall, 118 So. 2d 846, 847 (Fla. 2d DCA 1960) (ente…
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Wrobbel v. Walda, 225 So. 2d 534 (Fla. 1969)…Certiorari denied without opinion. 217 So. 2d 340.…
Authorities Cited
- Crane v. Stulz, 136 So. 2d 238 (Fla. 2d DCA 1961)
- In re Kiggins' Estate. Kiggins v. Peterson, 67 So. 2d 915 (Fla. 1953)
- Matter of the Estate of Lizzie Thompson v. Silver Squarcia, 84 So. 2d 911 (Fla. 1955)
- Rowland v. McCALL, 118 So. 2d 846 (Fla. 2d DCA 1960)
- The Tallahassee Bank & Tr. Co. v. Brooks, 200 So. 2d 251 (Fla. 1st DCA 1967)