Opinion
August 15, 1952.
Appeal from the Circuit Court for Hillsborough County, I.C. Spoto, J.
Burton G. Henson, Tampa, for appellant.
Schonbrun Kessler, Tampa, for appellee.
The principal question presented on this appeal is whether the execution of a will by the deceased, George W. Garrett, was procured by undue influence and while the decedent was weakened in mind and body. The Probate Judge, who heard all the witnesses on this question, held that it was not so procured, and his finding was affirmed on appeal to the Circuit Court. Under such circumstances we should not disturb the finding of the courts below unless it is clearly erroneous or against the manifest weight of the evidence. Gardiner v. Goertner, 110 Fla. 377, 149 So. 186. We have carefully examined the testimony adduced before the Probate Judge and conclude that he did not err in finding that the contestants of the will had failed to carry their burden of showing lack of testamentary capacity and undue influence.
Accordingly, the decree appealed from should be and it is hereby
Affirmed.
SEBRING, C.J., MATHEWS, J., and GORDON, Associate Justice, concur.