IN RE ESTATE OF CARLTON

Nos. 1629, 1630.

221 So.2d 184 (1969)

In re ESTATE OF Wright W. CARLTON, a/K/a W.W. Carlton, Deceased.

District Court of Appeal of Florida. Fourth District.

April 8, 1969.


Attorney(s) appearing for the Case

Chester B. Griffin, of Willes, Bittan & Griffin, Fort Pierce, for appellant Jacqueline H. Carlton Remmerswall, guardian of Joanne Carlton, a minor.

Raymond E. Ford, of Ford & Tye, Fort Pierce, for appellee Richard Carlton.

Robert E. Stone and Charles T. Carlton, of Carlton, Brennan & McAliley, Fort Pierce, for appellees Ruby Carlton Teague and Walter Carlton.


OWEN, Judge.

The question presented is whether a valid written will may be revoked or altered by a subsequent inconsistent nuncupative will. This appears to be a case of first impression in this jurisdiction.

We hold that it cannot and we therefore reverse the order of the probate court admitting such nuncupative will to probate.

Decedent's written will was executed four years prior to his death and its validity is not questioned. The written will...

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