GEORGE J. SHAMAS, MICHAEL J. SHAMAS, AND REBECCA KREED SHAMAS, APPELLANTS,
v.
DORTHEA E. RITTER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HELEN V. CURRY, DECEASED AND JOSEPH F. JENNINGS, GUARDIAN AD LITEM OF JOSEPH COLEY RITTER, A MINOR BENEFICIARY, APPELLEES

Fla. 3d DCA | 1983-05-03
No. 82-1266
Before SCHWARTZ, C.J., FERGUSON, J., and GOMEZ, HELIO, Associate Judge.
432 So. 2d 128 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court’s findings that appellee overcame the presumption of undue influence by coming forward with a reasonable explanation for her active role in the testatrix’s affairs, especially in the preparation of a new will, is supported by competent and substantial evidence and thus, will not be disturbed. See In re Estate of Carpenter, 253 So. 2d 697 (Fla.1971); In re Estate of Blakey, 363 So. 2d 630 (Fla. 3d DCA 1978).

Affirmed.


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  • Dorothea E. Ritter v. Curry, 452 So. 2d 1057 (Fla. 3d DCA 1984)
    …of a disputed transaction was not inadmissible under any rule of law. Reversed and remanded for a new trial. . The final will of November, 1980, which was admitted to probate, was the subject of a prior appeal before this court, Shamas v. Ritter, 432 So. 2d 128 (Fla. 3d DCA), rev. denied, 440 So. 2d 353 (Fla.1983), in which Shamas challenged the validity of the will based on undue influence. The facts set forth in the briefs of that case indicate that under the new will the members of the Shamas family, in…

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