IN RE ESTATE OF ZIY

No. 67-1055.

213 So.2d 503 (1968)

In re ESTATE OF Nellie E. ZIY, Deceased. Sarah BLUMENTHAL, Appellant, v. Annie S. BOWEN, Clemmie Lee Hunter, Leona Lucille Kaneaster and Birdie M. Gober, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 13, 1968.


Attorney(s) appearing for the Case

Knight, Underwood, Peters, Hoeveler & Pickle and J.T. Blackard, Miami, for appellant.

Robert C. Lane, Miami, for appellees.

Before PEARSON and BARKDULL, JJ., and PIERCE, WILLIAM C., Associate Judge.


PER CURIAM.

The appellant, Sarah Blumenthal, is a niece of the deceased, Nellie E. Ziy. She was a legatee in a prior will. This appeal is from an order admitting the last will to probate. The county court ruled as follows:

"* * * it has long been well established in the Florida law that an adjudication of incompetency does not bar a person from making a will. The test is the testamentary capacity at the time the will was made, and the elements being knowledge...

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