Presumption Of Revocation

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

• In re Est. of Carrie F. Evers v. Am. Legion Hosp. for Crippled Child.
  160 Fla. 225· Fla.· 1948-03-02 ·cited 35×
  The court interpreted a codicil to a will that allowed trustees discretion to sell trust property and distribute proceeds, examining its effect on the original will's provisions for income distribution and protection against creditors.
• In the Estate OF Arlethia Parson v. Hendley
  416 So. 2d 513· Fla. 4th DCA· 1982-07-07 ·cited 22×
  In an estate probate dispute, the court held that the Dead Man's Statute properly barred a claimant (stepson under a lost will) from testifying about oral communications with the deceased regarding the testator's intent not to revoke the will, and that substantial evidence suppor
• In re Est. of Perry Carlton v. Sims
  276 So. 2d 832· Fla.· 1973-04-26 ·cited 16×
  A prima facie case for a lost will is established by evidence of the attorney's custom of only retaining copies of duly executed wills and other circumstantial evidence suggesting the original was not revoked.
• In re Est. of Ruth W. Parker
  382 So. 2d 652· Fla.· 1980-03-06 ·cited 15×
  A 'correct copy' of a lost or destroyed will, as required by statute for probate based on one witness's testimony, must be an identical copy, not merely a substantial reproduction.
• In re Wider's Estate. Wider v. Wider
  62 So. 2d 422· Fla.· 1952-12-09 ·cited 12×
  This case concerns the probate of Will F. Wider's will, which was contested due to the testator cutting out and pasting back his own signature. The court considered whether this mutilation constituted a revocation.
• Upson v. The Est. of Helen E. Carville
  369 So. 2d 113· Fla. 1st DCA· 1979-04-06 ·cited 10×
  A daughter challenges the probate of her deceased mother's lost will, arguing the will was destroyed with intent to revoke it. The appellate court affirmed the trial court's decision to establish and probate the lost will, finding sufficient evidence to overcome the presumption o
• In re Est. of Ruth W. Parker
  369 So. 2d 1034· Fla. 4th DCA· 1979-04-25 ·cited 6×
  The estate sought to probate a lost will using a typewritten draft and testimony from one disinterested witness. The trial court denied the petition, but the appellate court reversed, holding that a substantially correct draft satisfies the statutory requirement of a "correct cop
• Silvers v. Est. of Easter Russell Silvers
  274 So. 2d 20· Fla. 3d DCA· 1973-03-06 ·cited 6×
  In this probate appeal, the court upheld the trial court's decision to admit a lost 1962 will to probate under Florida law, rejecting the appellant's argument that a missing will presumes revocation. The court found sufficient evidence that the will still existed at the decedent'
• Leighton v. Harmon
  111 So. 2d 697· Fla. 2d DCA· 1959-05-01 ·cited 5×
  Leighton appealed the probate court's denial of his petition to probate Helen Baier's will, which named him as sole beneficiary. The court found the will had been cancelled based on handwriting evidence and witness testimony that Baier had revoked it, and the appellate court affi
• Brennan v. Est. OF Edward J. Brennan, Jr.
  40 So. 3d 894· Fla. 5th DCA· 2010-07-23 ·cited 3×
  The court reversed a trial court's order admitting a lost will to probate, holding that the proponent failed to satisfy statutory requirements by presenting only an interested witness's testimony instead of at least one disinterested witness as required by Florida Statutes § 733.
• In re Est. of Julia Kuhn
  286 So. 2d 276· Fla. 3d DCA· 1973-12-11 ·cited 2×
  A Florida appellate court reversed a trial judge's decision admitting a torn will to probate. The court held that while a torn will creates a presumption of revocation, the trial judge's findings that this presumption was rebutted lacked any substantial evidentiary support, requi
• In re Baier's Will
  12 Fla. Supp. 158· Palm Beach Cty. J. Ct.· 1958-08-20 ·cited 1×
  The court denied probate of Helen Louise Baier's will, finding that the testator revoked it by cancellation. The case hinged on whether markings on the will (the word "cancelled" written in pencil across a dispositive provision) constituted a valid revocation by the testator, res
• Of
  Del. Ch.· 2018-08-20
  The court held that the 1980 Last Will and Testament of Georgianna Dodd was validly executed but was revoked by Dodd prior to her death. Consequently, the court denied the Petitioner's request for attorney's fees.
• Page 1 of 41
  Del. Ch.· 2015-08-27
  The Court of Chancery erred in admitting the 2013 Will to probate as written, as the first page was not properly executed and was likely a substitution for a corrected page. The court should have revoked the probate of the 2013 Will and admitted a copy of the corrected first page
• Brennan v. Honsberger
  101 So. 3d 415· Fla. 5th DCA· 2012-11-30
  The court held that the proponent of a lost will failed to meet the statutory burden of proving its specific content through the testimony of a disinterested witness.
• Duvergee v. Sprauve
  413 F.2d 120· 3d Cir.· 1969-06-20
  A presumption of revocation arises when a will known to be in the testator's custody cannot be found after death, and the proponent failed to rebut this presumption with clear and convincing evidence.
• Clark v. Turner
  183 F.2d 141· D.C. Cir.· 1950-05-29
  The court held that the trial court erred in directing a verdict against the petitioner seeking to probate a lost will, as there was sufficient evidence of due execution and the exclusion of certain proffered testimony was improper.