MOSES v. RAINEY

No. 70-221.

241 So.2d 442 (1970)

Ruby MOSES, Appellant, v. Ray RAINEY, Appellee.

District Court of Appeal of Florida, Second District.

December 4, 1970.


Attorney(s) appearing for the Case

E. Snow Martin of Martin & Martin, Lakeland, for appellant.

John W. Burton, Wauchula, for appellee.


PIERCE, Acting Chief Judge.

Appellant Ruby Moses, sister of the testatrix, Helen G. Gorham, deceased, appeals from a judgment refusing to revoke the probate of the decedent's Will devising the bulk of her estate to a stranger to the blood.

We hold that appellant failed to carry the burden of establishing testatrix's testamentary incapacity at the time she made the Will in the light of the Florida cases bearing upon the point. In re Starr's Estate, 1935, 125...

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