PAMELA RICHBURG-SMITH
v.
IN RE: KEINO NKRUMAH, A/K/A KEINO SMITH
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A will's execution may be valid even though a required witness signs in a capacity other than that of a witness.
[1] A will may be validly executed even when a required witness signs in a capacity other than that of a witness, such as when a notary serves as both notary and required wit…
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Join FLexlaw to unlock all legal intelligence“the execution of a will may be valid, even though a required witness signs in a capacity other than that of a witness”
Citation to Simpson v. Williamson, 611 So. 2d 544, 546 (Fla. 5th DCA 1992)
Pamela Richburg-Smith appealed a circuit court decision regarding the validity of a will executed by or involving Keino Nkrumah, a/k/a Keino Smith.…
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Third District Court of Appeal
State of Florida
Opinion filed May 27, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-1973
Lower Tribunal No. 25-2649-CP-02
Pamela Richburg-Smith, Appellant,
vs.
In Re: Keino Nkrumah, a/k/a Keino Smith, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose Luis Fernandez, Judge.
Orville McKenzie, for appellant.
Glenn R. Miller, LLC, and Glenn R. Miller and James Randle, for appellee.
Before SCALES, C.J., and LINDSEY and BOKOR, JJ.
PER CURIAM.
Affirmed. See Simpson v. Williamson, 611 So. 2d 544, 546 (Fla. 5th DCA 1992) (agreeing that "the execution of a will may be valid, even though a required witness signs in a capacity other than that of a witness"); Helfenbein v. Baval, 157 So. 3d 531, 534 (Fla. 4th DCA 2015) (accepting premise that notary could have served as required second witness to will while reversing on other grounds).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Simpson v. Clydia M. Williamson, 611 So. 2d 544 (Fla. 5th DCA 1992)
- Arlyne Beth Helfenbein v. Baval, 157 So. 3d 531 (Fla. 4th DCA 2015)