Opinion
No. 82-1266.
May 3, 1983. Rehearing Denied June 15, 1983.
Appeal from Circuit Court, Dade County; Edmund W. Newbold, Judge.
Horton, Perse Ginsberg and Mallory H. Horton, Miami, for appellants.
McDonald McDonald and David McDonald, Kimbrell, Hamann, Jennings, Womack, Carlson Kniskern, and Joseph F. Jennings, Miami, for appellees.
Before SCHWARTZ, C.J., FERGUSON, J., and GOMEZ, HELIO, Associate Judge.
The trial court's findings that appellee overcame the presumption of undue influence by coming forward with a reasonable explanation for her active role in the testatrix's affairs, especially in the preparation of a new will, is supported by competent and substantial evidence and thus, will not be disturbed. See In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971); In re Estate of Blakey, 363 So.2d 630 (Fla. 3d DCA 1978).
Affirmed.