In re Estate of Smith

District Court of Appeal of Florida

In re Estate of Smith

520 So. 2d 331, 13 Fla. L. Weekly 564, 1988 Fla. App. LEXIS 695, 1988 WL 15440

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 1988

DocketNo. 87-0520

StatusPublished

This text of 520 So. 2d 331 (In re Estate of Smith) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Estate of Smith, 520 So. 2d 331, 13 Fla. L. Weekly 564, 1988 Fla. App. LEXIS 695, 1988 WL 15440 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

This is an appeal from a final order, denying with prejudice a petition for revocation of probate. While there was adequate proof of the execution of the codicil in question, the petitioner was erroneously denied the opportunity to have an eviden-tiary hearing upon the issues of undue influence or lack of testamentary capacity. Accordingly, while we approve the conclusion of the trial court in its denial, we reverse the denial and remand with direction to proceed in accordance herewith.

HERSEY, C.J., GLICKSTEIN, J., and TOBIN, DAVID L., Associate Judge, concur.

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PER CURIAM.

This is an appeal from a final order, denying with prejudice a petition for revocation of probate. While there was adequate proof of the execution of the codicil in question, the petitioner was erroneously denied the opportunity to have an eviden-tiary hearing upon the issues of undue influence or lack of testamentary capacity. Accordingly, while we approve the conclusion of the trial court in its denial, we reverse the denial and remand with direction to proceed in accordance herewith.

HERSEY, C.J., GLICKSTEIN, J., and TOBIN, DAVID L., Associate Judge, concur.

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Bluebook (online)

520 So. 2d 331, 13 Fla. L. Weekly 564, 1988 Fla. App. LEXIS 695, 1988 WL 15440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-smith-fladistctapp-1988.