Nuncupative Will

12 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re the Est. of Kaihi Swanson v. Roger A. Larson for the Estate of Kaihi Swanson
  397 So. 2d 465· Fla. 2d DCA· 1981-04-29 ·cited 12×
  The court held that Florida Statute § 732.502(2) applies only to the procedural aspects of will execution, not substantive grounds, allowing appellants to challenge a foreign will in Florida.
• McLeod v. Dell
  9 Fla. 451· Fla.· 1861-01-01 ·cited 4×
  This case addresses whether a nuncupative (oral) will can pass real estate and slaves under Florida law. The court held that Florida's 1828 statute, by placing slaves in close legal proximity to real estate in testamentary dispositions, withdrew slaves from the category of person
• Malleiro v. Axel Mori
  182 So. 3d 5· Fla. 3d DCA· 2015-09-30 ·cited 2×
  Elena Isleño executed a valid will in New York five years before her death, followed by an unsigned notarial will in Argentina four months later. The trial court admitted the Argentine will to probate, finding it revoked the New York will. The Florida appellate court reversed, ho
• In re Est. of Wright W. Carlton
  221 So. 2d 184· Fla. 4th DCA· 1969-04-08 ·cited 2×
  A valid written will cannot be revoked or altered by a subsequent inconsistent nuncupative (oral) will.
• In re Est. of Troy M. Vaughn
  165 So. 2d 241· Fla. 1st DCA· 1964-06-09 ·cited 2×
  The Florida District Court of Appeal affirmed the probate of a nuncupative (oral) will made by Troy Vaughn on his deathbed, establishing that "last sickness" under Florida law does not require the testator to be in extremis, but rather to be in grave condition aware of impending
• Dahly v. Dahly
  866 So. 2d 745· Fla. 5th DCA· 2004-02-13 ·cited 1×
  The appellate court reversed a probate court's decision invalidating a father's will. The court found that the father's attempts to alter his will by marking through certain provisions and adding a note requesting a new will did not meet the statutory requirements for revocation.
• United States v. Razz
  125 La. 1065· S.D. Fla.· 2019-05-22
  A presidential commutation of a sentence does not create a new, 'presidentially-imposed' sentence that would render a defendant ineligible for a sentence reduction under the First Step Act.
• Rizk v. Rizk
  260 So. 3d 467· Fla. 3d DCA· 2018-12-04
  Catherine Rizk appeals a summary judgment upholding the validity of her brother George Rizk's 2013 will executed in Haiti, which revoked his 1986 will. The court affirmed the probate court's determination that the 2013 will was valid under Haitian law and therefore enforceable in
• Rizk v. Rizk
  260 So. 3d 467· Fla. 3d DCA· 2018-12-04
  A will executed by a nonresident of Florida and valid under the laws of the country where executed is valid in Florida under Florida Statutes § 732.502(2).
• In re Rules of Probate & Guardianship Procedure
  201 So. 2d 409· Fla.· 1967-07-26
  The Florida Supreme Court approved and adopted comprehensive new Rules of Probate and Guardianship Procedure, effective January 1, 1968, to govern all probate and guardianship proceedings in County Judge's Courts and to supersede inconsistent statutory provisions and prior rules.
• In re Vaughn's Will
  23 Fla. Supp. 78· Hamilton Cty. J. Ct.· 1963-09-11
  A Florida probate court upheld the validity of a nuncupative (oral) will made by Troy M. Vaughn on his deathbed, directing that his property pass to his two nieces. The court found the will was properly executed with credible witness testimony and satisfied all statutory requirem
• Melon v. Entidad Provincia Religiosa de Padres Mercedarios de Castilla
  189 F.2d 163· 1st Cir.· 1951-05-16
  A foreign will purporting to transfer Puerto Rican real estate is governed by Puerto Rico law, and if it fails to meet local formalities, it is invalid.