IN RE: ESTATE OF SUSAN H. JAMES, DECEASED. JACQUELINE H. BROCK, AS ADMINISTRATRIX OF THE ESTATE OF LOUIS Z. HOOVER, DECEASED, SUBSTITUTED FOR ORIGINAL APPELLANT, LOUIS Z. HOOVER, AND MAREA R. FRICK, ET VIR,
v.
THE FLORIDA NATIONAL BANK OF JACKSONVILLE
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The Florida Supreme Court affirmed the admission of Susan H. James's will to probate, rejecting challenges that the attesting witnesses were disqualified due to lack of knowledge about the testatrix's testamentary capacity, and rejecting claims that the testatrix lacked mental capacity and that the will was procured by undue influence.
The court affirmed the admission of the will to probate, holding that the evidence was insufficient to establish that the testatrix lacked testamentary capacity or that the will was procured by undue influence, and that the witnesses need not have been disqualified on the grounds asserted.
“From the evidence as to the qualification of the witnesses, it might be inferred that they knew very little about the testamentary capacity of the testatrix, but a very large part of the testimony was taken on this point and it failed to convince either the probate judge or the circuit judge that the testatrix was devoid of capacity to make her will or that it was secured by undue influence.”
Establishes that despite witnesses' limited knowledge, both trial and appellate courts found sufficient evidence of testamentary capacity.
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Join FLexlaw to unlock all legal intelligenceIn September 1935, appellee filed a petition in Duval County Probate Court to admit the last will and testament of Susan H. James to probate. Appellan…
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In September, 1935, appellee filed its petition in the Probate Court of Duval County praying that the last will and testament of Susan H. James be admitted to probate. Appellants filed answers resisting the probate. On the issues made by the petition and answer, testimony was taken, the case was fully submitted, and an order was entered admitting the will to probate. This order was on appeal affirmed by the circuit court, a rehearing denied, and appeal was prosecuted to this Court.
It is contended that the judgment below should be reversed because (1) two of the attesting witnesses were disqualified for not satisfying themselves that the testatrix was of sound mind and disposing memory, and (2) at the time the will was executed, the testatrix is shown to have *464been very old and infirm, that the will was not her free act and deed and that she did not have mental capacity to execute a will.
. From the evidence as to the qualification of the witnesses, it might be inferred that they knew very little about the testamentary capacity of the testatrix, but a very large part of the testimony was taken on this point and it failed to convince either the probate judge or the circuit judge that the testatrix was devoid of capacity to make her will or that it was secured by undue influence. In view of this holding, it would have been rather anomalous for them to have held the witnesses disqualified. The evidence has been examined and it fails to convince us that the judgment of the chancellor should be disturbed nor do we see that a discussion of the evidence would serve any useful purpose.
It is accordingly affirmed.
Affirmed.
Buford and Thomas, J. J., concur.
Chapman, J., concurs in opinion and judgment.
■ Justices Whitfield and Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.