WILLIE FRANK THOMAS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• In re Est. of Mary H. Beakes, 291 So. 2d 29 (Fla. 3d DCA 1974)
  …ed. The appellee has cross-assigned error upon the finding that the will was not procured through undue influence. We reverse the finding that the execution of the will was insufficient under the recent case of In re Estate of Wognum, Fla.App. 1973, 279 So. 2d 66. It should be noted that this opinion was not available to the trial judge at the time of the entry of his opinion in this cause. We affirm the finding that undue influence was not established. The trial judge has set forth the facts as follows: “…
• In re Est. of Mary H. Beakes v. Taylor, 306 So. 2d 99 (Fla. 1974)
  …r valid will execution were not met, he ordered revocation of probate. On appeal the Third District Court affirmed the finding of no undue influence but reversed the finding of insufficiency of will execution on authority of In re Estate of Wognum, 279 So. 2d 66 (Fla.App. 4th 1973), an opinion that was unavailable at the time the trial judge ordered revocation. The facts surrounding the execution as found by the trial judge, and recited in the Third District Court opinion, are as follows : “Testatrix summ…
• York v. Smith, 385 So. 2d 1110 (Fla. 1st DCA 1980)
  …e declare the instrument to be his will; and the attesting witnesses need not vouch for the testator’s testamentary capacity, nor even know the instrument they sign is a will. In re Estate of Beakes, 306 So. 2d 99 (Fla.1974); In re Estate of Wognum, 279 So. 2d 66 (Fla. 4th DCA 1973), cert. den., 284 So. 2d 216 (Fla.1973). From this we conclude that testamentary capacity is required of the testator only when he makes his will, that is, when he signs it as his will, and that his testamentary incapacity when he…

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Authorities Cited

• Neal v. Robert A. Fleming Contractors, Inc., 138 So. 2d 388 (Fla. 1st DCA 1962)
• Tirko v. State, 138 So. 2d 388 (Fla. 3d DCA 1962)
• Summerson v. State, 200 So. 2d 594 (Fla. 3d DCA 1967)