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Denson v. Fayson

District Court of Appeal of Florida, Third District
Oct 6, 1987
513 So. 2d 744 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-344.

October 6, 1987.

Appeal from the Circuit Court, Dade County, Moie J.L. Tendrich, J.

Spiegelman Spiegelman and Robert I. Spiegelman, Miami, for appellant.

L.E. Thomas, Miami, for appellees.

Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.


On authority of Stewart v. Johnson, 142 Fla. 425, 194 So. 869 (1940), we reverse the trial court's order finding that a will dated October 9, 1975, was revoked by a subsequent invalid will of May 22, 1982.

The applicable doctrine of dependent relative revocation provides that where a testator makes a new will revoking a prior valid will, and the new will is found to be invalid, the prior will may be re-established on the grounds that the revocation was dependent on the validity of the new will, and that the testator would have preferred the earlier will to intestacy.

Reversed and remanded.


Summaries of

Denson v. Fayson

District Court of Appeal of Florida, Third District
Oct 6, 1987
513 So. 2d 744 (Fla. Dist. Ct. App. 1987)
Case details for

Denson v. Fayson

Case Details

Full title:BETTY DENSON, FORMERLY KNOWN AS BETTY WASHINGTON, APPELLANT, v. FREDWARD…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 6, 1987

Citations

513 So. 2d 744 (Fla. Dist. Ct. App. 1987)