In re the Estate of Tolin

District Court of Appeal of Florida

In re the Estate of Tolin

594 So. 2d 309, 1992 Fla. App. LEXIS 2488, 1992 WL 254

CourtDistrict Court of Appeal of Florida

DecidedJanuary 3, 1992

DocketNo. 91-1261

StatusPublished

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This text of 594 So. 2d 309 (In re the Estate of Tolin) 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.

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In re the Estate of Tolin, 594 So. 2d 309, 1992 Fla. App. LEXIS 2488, 1992 WL 254 (Fla. Ct. App. 1992).

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PER CURIAM.

We reverse an order revoking the probate of a codicil to a will. The order also reinstated the will as if the codicil had never been executed. The evidence reflects that the testator attempted to revoke the codicil by destroying a photostatic copy. However, the appellant raises questions, in argument, of other possible motives.

An original will or codicil may only be revoked consistent with the provisions of section 732.506, Fla.Stat. (1975). In re Bancker’s Estate, 232 So.2d 431 (Fla. 4th DCA), cert. denied, 238 So.2d 111 (Fla. 1970). Simply destroying an unsigned copy, even one containing a photo image of the original signature, is insufficient to accomplish that end. Cf. Lowy v. Roberts, 453 So.2d 886 (Fla. 3d DCA 1984); In re D’Agostino’s Will, 9 N.J.Super. 230, 75 A.2d 913 (1950); In re Will of Wehr, 247 Wis. 98, 18 N.W.2d 709 (1945).

GUNTHER and STONE, JJ„ concur. ANSTEAD, J., dissents with opinion.

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PER CURIAM.

We reverse an order revoking the probate of a codicil to a will. The order also reinstated the will as if the codicil had never been executed. The evidence reflects that the testator attempted to revoke the codicil by destroying a photostatic copy. However, the appellant raises questions, in argument, of other possible motives.

An original will or codicil may only be revoked consistent with the provisions of section 732.506, Fla.Stat. (1975). In re Bancker’s Estate, 232 So.2d 431 (Fla. 4th DCA), cert. denied, 238 So.2d 111 (Fla. 1970). Simply destroying an unsigned copy, even one containing a photo image of the original signature, is insufficient to accomplish that end. Cf. Lowy v. Roberts, 453 So.2d 886 (Fla. 3d DCA 1984); In re D’Agostino’s Will, 9 N.J.Super. 230, 75 A.2d 913 (1950); In re Will of Wehr, 247 Wis. 98, 18 N.W.2d 709 (1945).

GUNTHER and STONE, JJ„ concur. ANSTEAD, J., dissents with opinion.

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594 So. 2d 309, 1992 Fla. App. LEXIS 2488, 1992 WL 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-tolin-fladistctapp-1992.

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