Ladin v. Fisher

District Court of Appeal of Florida

Ladin v. Fisher

418 So. 2d 440, 1982 Fla. App. LEXIS 20999

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 1982

DocketNo. 81-1887

StatusPublished

This text of 418 So. 2d 440 (Ladin v. Fisher) 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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Ladin v. Fisher, 418 So. 2d 440, 1982 Fla. App. LEXIS 20999 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Appellant, daughter of the testator, sought revocation of an order admitting to probate a will whereby her seventy-year-old father left the bulk of his estate to appellee, a thirty-year-old wife of two months. She contends that appellees, wife and personal representative of decedent, used their confidential relationship to exert undue influence on her ailing father in the preparation and execution of the will.

We have carefully examined the extensive record made in the trial court and find an absence of the clear and convincing evidence of undue influence which is required to set aside the will. Freedman v. Freedman, 345 So.2d 834 (Fla. 3d DCA 1977). We will not disturb the trial judge’s finding that “the decedent executed his Last Will and Testament... voluntarily of his own free will and volition and furtherance of his own testamentary intentions.” See In re Estate of Carpenter, 253 So.2d 697 (Fla.1971), appeal after remand, 289 So.2d 410 (Fla. 4th DCA 1974).

Affirmed.

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PER CURIAM.

Appellant, daughter of the testator, sought revocation of an order admitting to probate a will whereby her seventy-year-old father left the bulk of his estate to appellee, a thirty-year-old wife of two months. She contends that appellees, wife and personal representative of decedent, used their confidential relationship to exert undue influence on her ailing father in the preparation and execution of the will.

We have carefully examined the extensive record made in the trial court and find an absence of the clear and convincing evidence of undue influence which is required to set aside the will. Freedman v. Freedman, 345 So.2d 834 (Fla. 3d DCA 1977). We will not disturb the trial judge’s finding that “the decedent executed his Last Will and Testament... voluntarily of his own free will and volition and furtherance of his own testamentary intentions.” See In re Estate of Carpenter, 253 So.2d 697 (Fla.1971), appeal after remand, 289 So.2d 410 (Fla. 4th DCA 1974).

Affirmed.

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418 So. 2d 440, 1982 Fla. App. LEXIS 20999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ladin-v-fisher-fladistctapp-1982.

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