IN RE YOST'S ESTATE

No. 59-107.

117 So.2d 753 (1960)

In re ESTATE of Minerva J.G. YOST, Deceased. VARIETY CHILDREN'S HOSPITAL, a Non-Profit Corporation under the Laws of Florida; and Crippled Children's Society, a Non-Profit Corporation under the Laws of Florida, Appellants, v. Eva Edmondston Grater MAGEE, As Administratrix C.T.A. of the Estate of Minerva J.G. Yost, Deceased, and Individually; George T. Clark, As Administrator Ad Litem; and Edith G. McCrea, Winston McCrea and Thompson McCrea, Appellees.

District Court of Appeal of Florida. Third District.

February 8, 1960.


Attorney(s) appearing for the Case

Brunstetter, Netter & Buchmann, and S. Grover Morrow, Miami, for appellants.

Hudson, McNutt, Campbell, Isom & Rearick, Grady C. Harris, and George T. Clark, Miami, for appellees.


CARROLL, CHAS., Judge.

This is an appeal from an order of the county judge's court in Dade County denying probate of a codicil. The original of a duly executed codicil could not be found, and the court rejected a proffered executed copy upon finding that the original had been in the possession and control of the testatrix, and, therefore, that there was a presumption she had destroyed and revoked the codicil, and that such presumption had not been dispelled.

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