LEROY EURICE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Wehrheim v. Golden Pond Assisted Living Facility, 905 So. 2d 1002 (Fla. 5th DCA 2005)
  …ason.” Id. at 1185. In order to determine whether these presumptions exist or whether they are rebutted, the court must confine its inquiry to the testamentary documents before it without resort to extrinsic evidence. Pratt; In re Estate of Barker, 448 So. 2d 28 (Fla. 1st DCA 1984). Hence, in order to determine the testator’s presumed intent, the courts in Florida consider whether the provisions of the present invalid will are sufficiently similar to the former will. See Stewart, 194 So. at 871-72 (“This te…

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• In re Est. OF Francis M. McGAHEE. Barbara Lea Perry v. Neesmith, 550 So. 2d 83 (Fla. 1st DCA 1989)
  …... includes an instrument which merely appoints a personal representative or revokes or revises another will. It is not the purpose of the court to make a will or to attempt to improve on one that the testator has made. See In re Estate of Barker, 448 So. 2d 28 (Fla. 1st DCA 1984). In my opinion, the trial court did not err and I would affirm.…
• Wilson v. First Fla. Bank, 498 So. 2d 1289 (Fla. 2d DCA 1986)
  …rships without intending to provide funds from which the scholarships could be awarded. Thus, we conclude that Mr. Cooledge’s will was sufficiently ambiguous to permit extrinsic evidence of his intent. This is not a case like In re Estate of Barker, 448 So. 2d 28 (Fla. 1st DCA 1984), in which the will contained nothing whatsoever that could be construed to be a residuary clause. The rationale of In re Estate of Wood, 226 So. 2d 46 (Fla. 2d DCA), cert. denied, 232 So. 2d 181 (Fla.1969), supports our conclusi…

Authorities Cited

• Cleaves v. State, 450 So. 2d 511 (Fla. 2d DCA 1984)