CARL HARNICK, APPELLANT,
v.
ETHEL HARNICK, APPELLEE
CARL HARNICK, APPELLANT,
ETHEL HARNICK, APPELLEE
444 So. 2d 87
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
A presumption of undue influence did not arise where the daughter, beneficiary of inter-vivos gifts and beneficiary under a will, although occupying a confidential relationship with the testator, was not shown to have actively procured the will or the gifts. See In re Estate of Carpenter, 253 So. 2d 697 (Fla.1971); In re Estate of Smith, 212 So. 2d 74 (Fla. 4th DCA 1968).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cliburn v. State, 510 So. 2d 1155 (Fla. 3d DCA 1987)…es, as ordered in this case, could properly have been assessed against the defendant as such expenses were entirely remote in nature. See K.M.C. v. State, 485 So. 2d 1296, 1298 (Fla. 1st DCA), rev. denied, 492 So. 2d 1335 (Fla.1986); Ramos v. State, 444 So. 2d 87 (Fla. 3d DCA 1984). Second, the filing fee and record preparation costs could not properly be assessed against the defendant as he has been adjudicated insolvent below. There is no legal authority under Florida law for the imposition of such appel…
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Jacobs v. Vaillancourt, 634 So. 2d 667 (Fla. 2d DCA 1994)…amended final judgment, specifically found that Mr. Jacobs did not establish that Mr. Vaillancourt was active in the procurement of those documents and if there is no active procurement, there is no presumption of undue influence. Harnick v. Harnick 444 So. 2d 87 (Fla. 3d DCA 1984). See also Smith. We also find that there was no undue influence asserted by Mrs. Jacobs. She wanted her daughter Judy to ultimately inherit all of their estate and persuaded Richard to go along with that plan. A husband and wife…
Authorities Cited
- In re Est. of Coketine Bray Carpenter v. Carpenter, 253 So. 2d 697 (Fla. 1971)
- In re Est. of Winnie Smith, 212 So. 2d 74 (Fla. 4th DCA 1968)