DUANE F. THIELEN, APPELLANT,

v.

STATE OF FLORIDA, COUNTY OF DADE, APPELLEE

Citator

Cited By

• In re Est. of Mary H. Beakes v. Taylor, 306 So. 2d 99 (Fla. 1974)
  …tes to the issue of whether a subscribing witness in a particular situation was in fact an attesting witness, the latter requirement encompassing more than the mere act of subscription. In the case of In re Estate of Wognum, supra, cert. den., Fla., 284 So. 2d 216, the District Court of Appeal, Fourth District, specifically held that F.S. §§ 731.07 and 731.03(16) do not require the attesting witnesses to do more than actually witness the testator’s signature and then sign the will as a witness. Furthermore, i…
• York v. Smith, 385 So. 2d 1110 (Fla. 1st DCA 1980)
  …e 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 later acknowledges his signature is inconsequen…

Authorities Cited

• BAY Rd. Dev. Corp. v. Volpe Plastering, Inc., 280 So. 2d 727 (Fla. 3d DCA 1973)
• Anne Meiselman and Bruce Meiselman v. Hyman Webman and Sylvia Webman, 280 So. 2d 727 (Fla. 3d DCA 1973)