DOWD

v.

STATE AND COUNTY OF DADE

Citator

Cited By

• Carola D. Allen v. Est. of Ellen C. Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980)
  …ment not to revoke a will was valid after the effective date of section 731.051, Florida Statutes (1957).3 Prior to the adoption of the 1957 statute, oral contracts to make a will were valid. Keith v. Culp, 111 So. 2d 278 (Fla.1st DCA), cert. denied 114 So. 2d 5 (1959). The 1957 statute clearly requires that contracts to make a will or to give a legacy or to make a devise be in writing, signed and witnessed to be enforceable. Appellant contends that since the statute is silent as to contracts not to revoke…
• Springer v. Sherwood Colburn, 162 So. 2d 513 (Fla. 1964)
  …e Seven Barrels of Wine, 79 Fla. 1, 17, 83 So. 627, 632 (1920): “A statute is not to be given a retrospective effect, unless its terms show clearly that such an effect was intended.” . Keith v. Culp, 111 So. 2d 278 (Fla.App. 1st 1959) cert. denied, 114 So. 2d 5 (Fla.1959); Hardware Mutual Casualty Co. v. Carlton, 151 Fla. 238, 9 So. 2d 359 (1942); In re Seven Barrels of Wine, 79 Fla. 1, 83 So. 627 (1920). . “624.20 Saving clause This code shall not impair or affect any act done, offense committed or right…
• Fabiano Laragione v. Hagan, 195 So. 2d 246 (Fla. 2d DCA 1967)
  …able upon both, and that could not be changed or revoked without the consent of the other.” There is no requirement that a contract to execute mutually reciprocal wills be irrevocable. Keith v. Culp, Fla.App., 111 So. 2d 278, certiorari denied Fla., 114 So. 2d 5. In fact, as the Court points out in that case, wills are essentially ambulatory in their nature, and as such revocable: it is the contract to make the wills that must be irrevocable. Neither is it necessary that a contract to make mutually recipro…