IN RE ESTATE OF MEYER YEDLIN, DECEASED. EDWARD YEDLIN, APPELLANT,
v.
SYLVIA YEDLIN AND BERNARD YEDLIN, APPELLEES

Fla. 3d DCA | 1960-10-06
No. 59-621
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
123 So. 2d 471 Florida District Court of Appeal, Third District (1960) Positive Treatment
Cited by 1 case

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Synopsis

This case involves an appeal challenging the probate of a copy of a will. The appellate court affirmed the lower court's decision, finding substantial evidence supported the key findings necessary for probate.


Holding

Yes, the appellate court held that there was substantial evidence to support the county judge's findings on all essential issues, and the judge did not misinterpret the legal effect of the evidence.


Key Quotes

“Upon examination of the record, with the benefit of the briefs of the parties and arguments of 'counsel, we conclude that those essential and controlling findings of [*472] the county judge were supported by substantial evidence, and that he did not misinterpret the legal effect of the evidence as a whole.”

This quote establishes the appellate court's conclusion that the lower court's findings were adequately supported by evidence and legal interpretation.

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Facts & Procedural History

The appellant protested the probate of a copy of a will, raising several issues including the deceased's residency, due execution of the will, proof o…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

On this appeal from an order of the county judge’s court, admitting to probate a copy of a will over appellant’s protest, he has assigned 54 errors upon which he presented 17 questions.

Appellant argued that evidence was lacking to support the court’s findings that the deceased was a resident of Florida, that due execution of the will under § 731.07, Fla.Stat., F.S.A., was proved as required by § 732.24, Fla.Stat., F.S.A., that the copy of the will which was offered for probate was proved as provided under § 732.-27, Fla.Stat., F.S.A., and that there had been no revocation of the will.

Upon examination of the record, with the benefit of the briefs of the parties and arguments of 'counsel, we conclude that those essential and controlling findings of *472the county judge were supported by substantial evidence, and that he did not misinterpret the legal effect of the evidence as a whole.

No useful purpose would he served by stating the factual details, and the arguments made on these matters. We have considered the other points raised by the appellant and find them also to be without merit.

The judgment appealed from should be, and hereby is,

Affirmed.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.


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Citator

Cited By

  • Yedlin v. Yedlin, 126 So. 2d 572 (Fla. 1960)
    …Appeal dismissed without opinion. 123 So. 2d 471.…

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