IN RE ESTATE OF MERZ

No. 72-8.

273 So.2d 795 (1973)

In re ESTATE of Minnie MERZ, Deceased.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 23, 1973.


Attorney(s) appearing for the Case

James D. Eckert, of Baynard, McLeod, Lang and Eckert, St. Petersburg, for appellant.

Jan J. Piper, of Harris, Clark, Green, Piper & Robinson, St. Petersburg, for appellee.


PER CURIAM.

At first, this will contest case gave us pause. The county judge below granted a directed verdict against the opponent of the will of Minnie Merz, deceased, on the two main issues of undue influence and lack of testamentary capacity. In his written order the judge appears to have confused his function as trial judge with his function as trier of fact, and some of his findings sound as rulings of law while others are determinations of fact. Nevertheless...

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